Thursday, August 5, 2010

What ever happened to "by the people"?

Yesterday a single judge threw out the votes of more than half of the California electorate.  It is a repeat of the same nonsense that occurred almost a decade ago in California when voters approved another measure of similar purpose.  What is that purpose?  To recognize that the will of the people is that marriage is to be defined and recognized as a union between one man and one woman.  This view of marriage has a long history, and a history rooted in the faiths of many people.

This nation was founded on many principles.  One of them is that majority should rule.  That is not to say that the minority should have their rights trampled on by the majority.  However, the minority doesn't get to have their way just because they are vocal either.  When a majority of the electorate desire for their sovereign state to define marriage a certain way, it is absolutely unconscionable that a single, solitary judge would look for some "right" in the U.S. Constitution to thwart the will of the people.  This is not how our Founding Fathers intended for our republic to work.

The Tenth Amendment is very clear on this point; "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."  The U.S. Constitution makes no mention of marriage.  This leaves any reasonable person to only one conclusion, that the states have the right to decide how they define marriage.  California voters did this nearly 2 years ago when they passed Prop 8.

If we are still a nation "... of the people, by the people, for the people...", then our courts need to recognize this and relent when "the people" speak.  Even though I am very much in favor of the traditional definition of marriage, if California voters had approved homosexual marriage in the same way then I would say the very same thing.

Elections have consequences... remember this every time you vote.  When the Prop 8 case goes before the U.S. Supreme Court, see how Justice Sotomayor and Justice Kagan rule on this issue.  You will see what kind of judges our current President favors.