Subscribe to Breaking NewsRuby-Sachs: Courts given the chance to correct the people’s mistake
A California court is being given a chance to correct the damage to equality perpetrated by the Proposition 8 vote.
A number of organizations, including the ACLU and Lambda Legal have filed suit regarding the ban.
Their argument is a simple one: an amendment that violates a fundamental principle of a constitution, protection of minority rights in this case, cannot be made by popular vote.
It must, instead, pass in the legislature.
It’s a long shot, primarily because the federal equal protection language specifically does not include LGBT rights. This would be creating a constitutional principle on the state level that exceeds the principle on the federal level.
Still, this State court wrote one of the most progressive decisions in American legal history and was an example to courts around the country. It is possible that they will stand up to the undoing of their work.
Those who oppose judicial activism will be unhappy with the possibility that a court can override a democratically determined course of action. However, one comment of Elizabeth Gill, a lawyer with the ACLU, is important to keep in mind: “A major purpose of the constitution is to protect minorities from majorities.”
If the court finds this to be the case, they will not be judicial activists, but judges who understand the role of law in a society where exclusion and intolerance, sadly, are a common theme.
Obama, despite his shameful dismissal of gay marriage, made clear that constitutions shouldn’t be used to take away rights. Here’s hoping that the court in California agrees with him.
I’M A 22 YEAR OLD MALE WHO HAS FOUND THE PARTNER THAT I WANT TO BE WITH FOREVER. WE ARGUE LIKE A STRAIGHT COUPLE AND WE ARE LOVING LIKE SOME AS WELL. YOU KNOW, I HEAR PEOPLE SAY ITS BECAUSE OF THEIR BELIEFS THAT GAYS SHOULDN’T MARRY. SO MY QUESTION IS.. WHY CAN I HEAR HATE IN THEIR VOICE WHEN THEY SAY THAT. THERE’S A DOUBLE STANDARD THAT I’M GETTING SO TIRED OF THIS!
This is absolutely terrible! Why Why Why! I’m so sick and TIRED of hearing people stop me for doing something that everyone else gets to do. I CAN’T MARRY B/C I WANT TO BE W/ A GUY. AND A SENATOR WHO IS CONVICTED OF FELONY GETS TO SPEAK FOR THE PEOPLE! IS THIS REALLY AN ISSUE?! THIS IS BOGUS! I’M TIRED OF THESE RELIGIOUS CRAZIES! I’M JUST TIRED! I DON’T CARE THAT “YOUR” GOD SAY THAT I’M GROSS. WHAT DOES “YOUR” GOD SAY ABOUT UNWED MOTHERS WHO ARE INCREASING IN THIS COUNTRY. EXAMPLE: SARAH “POPTART” PALIN’S KID! I MEAN, GIVE ME A FREAKING BREAK! IF I HAD TONS OF MONEY THEY’D LET ME MARRY. THIS COUNTRY IS SPIRALING OUT OF CONTROL, AND THE MAIN PROBLEM IS THAT I WANNA MARRY A GOD… THIS IS UNREAL AND PATHETIC! OK.. I’M DONE. GAY RIGHTS WILL WIN ONE DAY! AND THEN THEIR WILL BE A GAY PRESIDENT.. I AM JUST TIRED OF WAITING FOR IT TO HAPPEN… OK.. NOW I’M DONE
I agree with Todd–I’m waiting for a statement from President-Elect Obama about the passage of Prop 8 in California. So far, his silence on this very divisive and hurtful vote does not bode well for all of the promises he made to us to get our vote.
The problem here, Henry, is that you don’t seem to understand how we as Americans assert our rights. We don’t earn them by having to change everybody’s minds. They are to be equal and inalienable. It is typical that the will of the people oppresses minorities, requiring the minority to assert their rights through protests, pushing for legislation, and through the judicial process. Some people, Henry, had to die for others to get rights that should never have been denied them. For background, I suggest looking into such topics as women’s suffrage, Dr. Martin Luther King, Jr., Selma, etc.
Or are you saying women and people of color should have waited until they could change everyone’s minds? That’s the most ridiculous thing I’ve ever heard.
Why can’t this bypass the states & go directly to the federal courts? I believe that that is
the only way for us to get our rights. The federal courts are the ones that MUST uphold the Constitution. Why go state by state?
Can anybody give me a reason,please?
If we had put the civil rights amendd up to a nation wide vote in the 60’s black people would not have the rights they have now.
> Our rights will not be fully secured until we have a moderate-to-
> liberal U.S. Supreme Court which is willing to decide in our favor.
Wrong. It is better to change the hearts and minds of the electorate so they wouldn’t even dream of removing rights. Remember the constitution can be amended…
Henry said: “The California Legislature would have passed gay marriage after a democrat was elected governor. Now, by rushing to court we created a huge backlash.”
Laws passed by the California legislature and signed by the governor are just as vulnerable to being overturned by the initiative process as court decisions. No difference.
Our rights will not be fully secured until we have a moderate-to-liberal U.S. Supreme Court which is willing to decide in our favor. That’s how we got rid of all the sodomy laws in one fell swoop. And that’s why electing a president who won’t appoint radical right judges to the court was crucial.
Until the right comes back ala Arizona
Henry, the only problem with your theory is that BASIC HUMAN RIGHTS SHOULD NOT BE UP FOR POPULAR VOTE. It really is that basic.
Actually, gay activists are to blame for using the courts to try to change society. The California Legislature would have passed gay marriage after a democrat was elected governor. Now, by rushing to court we created a huge backlash. We should drop the court battles and try to get an initiative passed that repeals prop 8. When that occurs, the right will have been secured “fair and square” by anyones standard.
I think its time to bring this thing home and not fear religion but expose it for what it is, if they can use fear and hate to divide this country then the reverse is true also we can use it to show the “normal” American citizen just who they are and we can do it by telling the truth not half truths and out right lies
People who complain about “judicial activism” forget that most Civil Rights were given by the court – not the voters. The voters had voted for horrible policies, which the courts – not the people struck down.
So before people attack the courts, they should remember it was the people who banned inter-racial marriage, and the people who voted for separate-but-equal. It was the courts who corrected it.
Reminder: A democracy committed the holocaust, and Jewish internment camps were created by popular vote in WWWII.
Since Obama has stated he is against constitutional amendments banning gay marriage, perhaps, now as president, he could give a response about what has happened?
Remember also that Gay and Lesbian people are equal taxpayers in the State of California. How can you consider a group of people equal enough to pay all the same taxes and fees as everyone else, yet deny them the same services (marriage license) that everyone else enjoys?