Democracy! Tolerance! Bull$#@!

From the “Holy $#@! I can’t believe they voted NO department…”

Calif. Supreme Court to take up gay marriage ban

So the voters in California spoke, and they flat out said they do not want gay marriage in their state.

This is when the lawyers come in, and the courts come in, and democracy fails. I have no problem with individual states, and their population, voting democratically to support or ban just about anything. The Federal government doesn’t need to get involved, and the courts should not get involved. The court should say either that the ban is unconstitutional – or they should say “the people voted for it, GTFO.”

I think the whole idea of lawyers and courts overturning the will of the people – is vomit worthy.

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4 Responses to Democracy! Tolerance! Bull$#@!

  1. Derek says:

    If you asked a majority of Americans “would you like the KKK to be required to STFU”, the majority would probably answer “yes”. If you asked very urban states “would you like to ban guns”, the majority would say “yes”.

    The point is that even a majority cannot inflict their views onto a minority, when it comes to things like rights.

  2. Marlin says:

    Like I said, if it’s unconstitutional, a judge would overturn it. My problem is that every time a vote doesn’t mesh with “popular opinion” the losers run to the lawyers. Combine a opportunistic lawyer with an activist judge, and what is the point of even voting?

    The fact is, you can’t require the KKK to STFU, because it’s unconstitutional, no matter how many times you vote for it. Same for gun bans, although that hasn’t really stopped them yet. Now IF, and that’s a big IF – there’s a religion which allows “Marriage” between the same sex in California, then they can go to overturn it on Constitutional grounds.

    Things that aren’t explicitly defined in the US Constitution should be left to the states. I’m perfectly fine with the states making these decisions for themselves, as they most definitely should not be a Federal issue. What is stopping them from forcing another vote? If they want that right so bad, they would unite, vote, and have it passed.

    There are many laws on the books which impose the views of the majority on the minority – smoking in restauraunts, driving while talking on a cellphone, nude bars that serve juice, and topless bars that don’t. I don’t care either way about gay marriage, what I do care about is Democracy, this Republic, and the votes that shape it counting for something.. Nobody’s going to convince me that the will of the people, legislated by ballot, should by overturned by a judge if it’s not denying a constitutional right – and Marriage isn’t a right, unless it’s backed by religion.

  3. Derek says:

    “Now IF, and that’s a big IF – there’s a religion which allows “Marriage” between the same sex in California”

    Sure there are. There are plenty all over the place. The “United Church of Christ” has backed same-sex marriage for a long time:

    Me, personally? I think the State should get the fuck out of marriage entirely. (I think I’ve mentioned this before). Let churches marry whoever they want — gay, straight, polygamists, who cares. But that “marriage” would not bestow any rights upon the marital partners. “Marriage” in that sense is 100% strictly a religious matter.

    If a married couple wants “joint rights”, then they can file for a civil union, and the rules for civil unions can be very similar to present marriages (one at a time, etc.)

  4. Marlin says:

    Makes perfect sense to me.

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