Attack on laws and traditions
One un-elected judge reads the “equal protection” and “due process” portions of our Constitution and finds that same-sex couples have a right to marry, overturning 2,000 years of cultural practice and thumbing his nose at the wishes of a majority of Californians expressed in two elections. Arrogant. Truly arrogant.
And thus the political class in America resumes its relentless attack on laws and traditions that trace far back into history and that continue to receive the support of most Americans.
Citizens in 30 states have had the chance to vote on this question and in every case, have chosen to retain marriage as a union between a man and a woman. But that doesn’t mean a thing to Judge Vaughn R. Walker.
An obvious question for Judge Walker comes to mind: What is there in your decision that precludes more than two people, like perhaps an uncle and nephew for example, from “marrying?” The answer, I fear, is nothing.
For if “equal protection” and “due process” provide the right for loving and committed same-sex couples to marry, they provide that right for any and all combinations of people to do so. On what basis could Judge Walker decide otherwise?
Tyranny of majority overruled
The recent complaints about Proposition 8 being overturned by a federal judge make no political sense. Democracy has not been violated when the voice of a majority is questioned. No proposition is valid until it is deemed constitutional, unless one wants to live in a country where there is no Constitution. And this proposition was rightly deemed unconstitutional.
The Constitution is what ensures true democracy. Otherwise, we are left with the tyranny of the majority. That is the way the Founding Fathers fashioned the United States.
For instance, if a proposition passed outlawing gun ownership, wouldn’t these same conservatives complain about the tyranny of the majority violating a sacred constitutional right? The Constitution must not be applied only when it is convenient to one’s beliefs. It must be tested and applied in all cases.
This is what it means to live in a constitutional democracy.
John C. Hampsey
San Luis Obispo