This isn't about gay rights or homosexuality or the 'sanctity of marriage'. It's too late to get start wars over semantics and separation of church and state.
This is about the political system of the united states. This is about democracy and what it means. Who holds the power, the people or the court? What should the people be allowed to determine and what is a true majority?
The court was unlikely to overturn the will of the people, even if the will of the people was so muddled. It was also unlikely to 'divorce' 18,000 people. For such a liberal state its strange that judges should take such a strict constructionist action without realizing the precedent they are creating.
The court made a cowardly decision, with the motive of angering the least amount of people while clearly favoring one. The court had a chance to establish the rights of the minority. The idea of majority rule that pervades through our political system has always stood alongside minority rights. How do millions of people, with no real stakes in the issue, allow themselves to rule on it?
If so many of the ground breaking moments of our history had been put to a minority vote, the great progress on slavery and segregation is unlikely to have happened. That is not to compare the gay civil rights movement to the African American civil rights movement. That is a huge mistake. It is not the same fight, but it is a fight none the less.
The only chance California has is to put another Proposition on the ballot, since this last one barely passed. However, its time to look at the bigger picture. The picture beyond the rights just stripped away without the least guilt. It's time to look at what the court has said: Majorities, bare majorities, can take away the rights of minorities.
This should not be taken lightly. Who will be the next ostracized group that through propaganda will be oppressed by the Majority? What should such Majority be? A mere 51%?
For people so set on holding Majority rule, it sure didn't pan out that way when it came to electing Bush to the White House, where Gore had the majority there too, but even then there is things in effect to counteract the power of the majority to help the 'smaller states'. If we're willing to defend the rights of a state, why not defend the rights of a people?
1%. That's what determined the difference in California. That's what took away the rights to a whole group of people, and under what pretense?
Can the majority back up their choice without resorting to religious rhetoric? A factor, that has no right to impose itself on the political system . This is not just a travesty to the gay community but to the American political system because aside from what you will believe, and you have you're right to believe so the basic foundation of American politics has been broken, an ideal that was clear to the MINORITY that decided to create this nation in the first place, what if the majority had been allowed to rule then?
It really is shameful. It is not only shameful that the court would uphold this, it is shameful that the proposition made it on the ballot. It is shameful that this proposition passed.
It is shameful that 50% of Californians believe they have the right to take other people's rights away and it is shameful that the court has rewarded that behaviour.
I'd like to believe Judges ruling in a high court could understand the simple principle of Majority rule, minority rights.
