Wednesday, August 04, 2010

 

The judicial system vs mob rule

Today we saw a judge doing what they're appointed to do. We saw him uphold the Constitution. Because of this, he's been labeled an "activist" by some and there's much wringing of hands about how the will of "the people" has been ignored.

I've got news for these people. Being in a democracy doesn't mean that whatever is popular is right, nor does it mean that if over 50% of the populace believe something that it's true.

It's anybody's guess how this will all end. It will almost assuredly go to the Supreme Court eventually. Still, on this day, we can be proud that our system of government still works.

Our country isn't like American Idol. Civil rights aren't to be determined by a popularity contest. As Judge Vaughn Walker stated, Prop 8 proponents failed to "advance any rational basis" to deny gay men and lesbians a marriage license.

Even more damning, he goes on to say "Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite sex couples."

Nicely put, Judge. Nicely put.

AFP: Judge overturns California gay marriage ban

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