Today the California Supreme court is hearing arguments for and against the validity of Proposition 8. For those unaware, this is the proposition that took away the right to marriage for same sex couples in California.
I’m… bothered, to say the least, at the resounding implications of such a law. Setting aside my feelings about gay marriage (of which, I have no problem), what does it say about our country when we allow a majority of people to limit the rights of a subset of people?
Here’s an excerpt from an article about the exchange that’s going on today:
Former Whitewater special prosecutor Kenneth M. Starr, representing the backers of Proposition 8, opened his hourlong argument to the court with the insistence that “the right of the people is inalienable to control their Constitution through the initiative process.”
Justice Ming W. Chin asked Starr if the people of California have the right to change their Constitution in a way that violates the U.S. Constitution.
Pointing to the late Justice Stanley Mosk’s criticism of the re-institution of capital punishment as “macabre,” Starr replied that “the people do have the raw power to define rights.”
So, I’m curious at how effective that argument would be at removing, say, a black person’s right to vote? What if there was a slim majority of people that believed women shouldn’t be allowed to hold jobs? It’s not an inalienable right, because it’s not defined in the constitution, right?
Where does it stop? Where is it okay for a majority to define the rights of others, and when is it not okay? And who decides? At what point do we all agree that nobody can speak for everyone, and maybe we should leave stupid bigotry and hate outside of the law?
I’m all for religous freedom. But when religion is mingled with politics (which is exactly what this is), I am left with a very foreboding feeling. I’m left feeling hopeless and afraid for our future. I’m rather sad that there are people that feel that it is their right to define the definition of marriage and rights for others, and that their beliefs are the only ones that should be followed.
I’m sad about this entire debacle, and I can’t help but shake my head and wonder when the madness will end.