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Best Sentence From Judge Walker Prop 8 Decision, Idea I Have Long Argued

August 4, 2010

There was one line that popped out and made me especially clap my hands and yell out “Yes!” as I read the decision of Judge Walker where he ruled that the gay-marriage ban was unconstitutional in California.  

One line that echoed in the decision is what I have stated over and over again on this blog, and in rousing discussions with friends in our living room.  

From page 116 of this historic decision.   

That the majority of California voters supported Proposition 8 is irrelevant, as “fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.” 
I agree!! 
The reason I find his line so essential is that I have thought for many years, decades in fact, that the courts would be the final decision-makers on this matter as it all weighed so heavily on constitutional issues.  While politicians have used gay marriage in the ‘culture wars’ so to gain power, it is the gay men and women around the nation who have suffered.  Therefore, I have always held that the constitutional nature of gay marriage made it more appropriate to be settled by judges.  Most voters have no knowledge of the 14th Amendment, for Pete’s sake.  Why then should they have any right to vote on a gay person’s happiness?
No one should have to try to persuade bubba why civil rights should apply to everyone.   Why should  a gay person’s rights be placed on a public referendum for the average joe to consider at the same time he is watching  “The Simpsons”?   The answer for most is obvious without saying.   Today a federal judge wrote the words to clarify the matter.  Thank You Judge Walker!
 From my blog July 8, 2009
 No other group has ever had their civil rights placed before the voters in a referendum.  But the right-wing think they have license to practice bigotry openly against gay people.  I have argued often on this blog about how ridiculous and demeaning it is to have to convince enough average voters to do the right thing regarding equality and civil rights.  No one else had to do it this way.  If the inter-racial marriage matter had been up for a vote in each state can any one of my readers tell me how that might have fared?   The only thing left to do is fight like hell, and not let the conservatives have an inch.   I know the tide of history is on my side, and the conservative do to, but until there is an all-out victory these types of battles will be waged, and we must react with all the vigor and determination we can mount.   
  1. Joe permalink
    August 9, 2010 2:00 AM

    In 1964, Proposition 14 passed in California by 65% of the vote, a 2-to-1 margin. It allowed landlords the right to discriminate on the basis of race.

    It was also knocked down by the Supreme Court, and many cried activism at the time, but few people today would consider that the wrong thing to do.

  2. Foo Bar permalink
    August 5, 2010 3:26 AM

    The inter-racial marriage issue was up for a vote in each state in the past. Some states banned them. It took the Supreme Court to outlaw the ban on inter-racial marriage (Loving vs Virginia).

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