Prop 8 Update

The California Supreme Court today handed down a victory for all Americans, and especially all Californians. They formally ruled that the Prop 8 affirmation that California will only recognize marriage between a man and a woman was valid and legal. I see this as a strong victory for everyone, even those who support gay marriage. If the State Supreme Court had ruled to overturn the proposition, it would have essentially been saying "the right of the people to rule themselves through a free election is no longer relevant".

I've made no secret of the fact that I don't support gay marriage; partly due to my religious beliefs and partly because of the non-marriage-related legal ramifications of such a move (i.e. religious rights being trumped by activists). But regardless of your feelings about gay marriage, today is a day to celebrate the great U.S.A.

There is already talk that a proposition to overturn the Prop 8 language is in the works for the 2010 mid-term elections. I have no problem with that. If it turns out that the majority of Californians in 2010 vote to allow gay marriage, I'll accept that. I won't necessarily be happy, but I'll be proud to live in a country where people were allowed to vote and where the majority made the law.

There's a real danger for our country and our states when non-elected judges begin legislating from the bench, which would have been the case in the event of a Prop 8 overturn. We have a separation of powers for a reason, and our liberties would erode (even faster than they already are) if those separations became meaningless. Congratulations California on utilizing your right to vote, both now and in the future.

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In related news (re: separation of powers)... When faced with the prospect of filling a U.S. Supreme Court seat, President Obama said "I will seek somebody who is dedicated to the rule of law, who honors our constitutional traditions, who respects the integrity of the judicial process and the appropriate limits of the judicial role." However when it came down to it, he apparently put political expediency ahead of his 'reverence' for the Constitution. I have no problem with a female Hispanic on the Supreme Court, I couldn't care less about the gender or race or height or weight or any other physical trait of a Justice. However I believe President Obama saw an opportunity to gain demographic favor by nominating the first Hispanic to the bench despite the fact that she said "court is where policy is made..." (seriously, you have to see this clip) when the U.S. Constitution clearly gives that role to the Legislative branch, not the Judicial branch. (Not that this is surprising, given the nomination of Hillary Clinton to Secretary of State despite her lack of qualifications, just another political move at the expense of America's well-being).

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In even more related news (re: personal liberties)... at least 35 states are introducing legislation to reaffirm their 10th amendment rights. The 10th Amendment says "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." It's nice to see Americans (myself included) waking up to the pillaging of our personal freedoms by the federal government which has been happening since long before Jan 20th.

Labels: family, politics

posted by Brett at 1:53 PM