Wednesday, August 4, 2010

Captain Obvious: The Constitution Trumps "The Will of the Voters"

Now that California's Proposition 8 has been ruled un-Constitutional, we're already hearing a lot of belly-aching from the right.  Why they're so invested in this fight is anyone's guess, but on one thing they are very consistent:  all of their arguments are wrong. Don't believe me? Read Justice Vaughn Walker's response to the best Prop 8's proponents could do, you'll see.

By far, one of the loudest shrieks from the right is "the will of the voters" has been overturned, and this represents a failure of democracy.  Bull pucky.  Civil rights should never be put to a vote in the first place.  When they are, you get what we've gotten: 31 states have put same-sex marriage to a vote, and 31 times, gay people lost.  Imagine if voters had gotten a chance to vote on slavery. Or integration. Or women's suffrage. Does anyone really believe that the batting average would have been different in those scenarios?

Prop 8 was found un-Constitutional, and as such, the Constitution trumps public sentiment. Period.  You can't get more American than that.

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