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March 14, 2005

The People No Longer Count

Jesse Jackson was stirring up angst in a Fort Washington church yesterday claiming the United States no longer practiced democracy:

"We are fighting for democracy in Iraq that we don't have in this country," Jackson told the congregation.

Before you knee-jerk into a typical (and quite deservedly) anti-Jesse Jackson rant, consider perhaps he might be right -- just not in a way he would admit.

Case in point, one would think if a state's voters passed a proposition with better than a 60% majority the courts would honor the will of the people. Instead, because Iraq has a democracy and the U.S. (or at least California) does not, the will of the people means nothing:

A Superior Court judge has ruled that California's law limiting marriage to a union between a man and a woman is unconstitutional.

Since Jan. 1, same-sex couples registering as domestic partners in California have been granted virtually all the rights and responsibilities of marriage, so the arguments for striking down the state's gay marriage ban have centered as much on the social meaning of marriage as its legal benefits.

Two weeks ago I was talking to the aide of one of California's state senators. I asked him on what issues was his boss was focusing and one of the top two issues was an amendment to the California State Constitution defining marriage as between a man and a woman. I countered that was a waste of time because Californians passed Prop. 22 overwhelmingly. He held fast in his belief that an amendment would soon be needed. To my chagrin, he was right.

Update: Boi from Troy says "Hoooooray!!! Good news out of San Francisco in California gay and lesbians' struggle for equal rights."

Boi misses two crucial points with his view. First, because of the above cited legislation that took affect the first day of this year, same-sex couples in California already enjoy "all the rights and responsibilities of marriage." The only battle in California left is for the same-sex lobby to force acceptance of the lifestyle down the throats of those who do not condone it.

Second, there is a greater principle under attack by this ruling. Any ruling that so clearly slaps down the clear will of the people must be held under close scrutiny. This is a clear transference of power from the people to the courts. Every ruling of this type further weakens the power of the people and strengthens those who would use power for their own gain. Because of rulings like this -- not rulings on gay marriage, but rulings that oppress the will of the people -- the very fabric of democracy is at risk.

If we want gay marriage in California, put it on the ballot. Let the people decide. Then be done with it.

Posted by bubba138 at March 14, 2005 01:12 PM