Let me start by saying that even though Heather and I go back and forth on marriage debates, we’re not fighting or trying to “one-up” each other. I know it may seem that way to some, since one of us usually comes along quickly to counter the other’s arguments after such issues are posted.
Heather and I have very different views on these issues, (obviously) yet we agree to disagree. One thing we do agree on is that it’s important for both sides to be heard, so with that said, let me address Heather’s latest article, Marriage Debates: California Gay Marriage Ban to Be Appealed.
Legal Stuff
Heather began by stating that because the election resulted in a win for the left that it was merely a matter of time before marriage laws would be challenged. She specifically discussed the gay marriage ban in California. Interestingly enough, such laws have been created because that’s what the people decided.
Many states have issued referendums, ballot initiatives, and such to determine the will of the people, with about 20 states saying no to gay marriage. In fact, California was one of them. In 2000, the measure was known as Proposition 22, and it passed by more than 60%. It defined marriage as between a man and a woman.
The Appeals Court got it right when it ruled that the issue was for voters and their representatives to decide -not courts- and that’s how it was decided. Yet, gay rights activists don’t accept that decision. They want courts to legislate the issue instead. That’s not the way our system works. The separation of powers doctrine precludes judges from acting as lawmakers.
If the courts continue usurping power and legislating from the bench, especially against things that the majority of we the people voted for (or against), who will trust the courts? Will the people fight to uphold laws that have been instituted by unelected, unaccountable activists in robes? Will the people allow sweeping changes to the fabric of our society while their voices are ignored? Or, will the rule of law simply deteriorate further, as people refuse to be bound by laws made outside Constitutional guidelines?
*In my opinion, this is the real threat created by the latest social experiment.
Next Article: Addressing the “Why does it matter to me?” portion of Heather’s article.