tag:blogger.com,1999:blog-4956057989227103850.post705444637634045673..comments2023-10-19T09:36:41.506-05:00Comments on A Mormon Enigma: California Supreme Court overturns gay marriage banAbelard Enigmahttp://www.blogger.com/profile/13166049686152203530noreply@blogger.comBlogger10125tag:blogger.com,1999:blog-4956057989227103850.post-77146275920144085862008-05-26T01:54:00.000-05:002008-05-26T01:54:00.000-05:00You have quite an interesting point. The consequen...You have quite an interesting point. The consequences of this resulting as a court ruling could indeed caught other states to dig deep, especially in the Bible Belt.<BR/><BR/>As American law is written, though, I think the correct processes happened. Had the Californians wanted it to be banned insomuch that no court ruling could affect it, it should have been written into their constitution. The Leonardo da Vincihttps://www.blogger.com/profile/12941509507001975632noreply@blogger.comtag:blogger.com,1999:blog-4956057989227103850.post-43959779181264458602008-05-16T15:28:00.000-05:002008-05-16T15:28:00.000-05:00It would be different if this weren't a ruling of ...It would be different if this weren't a ruling of "unconstitutional". No matter how many people like something, unconstitutional is just that. <BR/><BR/>And the fact that many people supporting something doesn't make it right. This is the huge flaw in democracy, when the will of the people supports something evil.Craighttps://www.blogger.com/profile/09374110841642375968noreply@blogger.comtag:blogger.com,1999:blog-4956057989227103850.post-92085031666425466782008-05-16T11:28:00.000-05:002008-05-16T11:28:00.000-05:00That's the way a democracy is supposed to work--pe...<I>That's the way a democracy is supposed to work--people vote for legislators who then legislate.</I><BR/><BR/>Actually, that's the way a <B>republic</B> is supposed to work :)Abelard Enigmahttps://www.blogger.com/profile/13166049686152203530noreply@blogger.comtag:blogger.com,1999:blog-4956057989227103850.post-33330711057724517032008-05-16T06:48:00.000-05:002008-05-16T06:48:00.000-05:00What I find most interesting as a counter to the "...What I find most interesting as a counter to the "judicial activism/the people should decide" argument is the fact that the CA state legislature voted on two separate occasions to allow gay marriage. That's the way a democracy is supposed to work--people vote for legislators who then legislate. So often, courts don't rule on issues because they find that the given issue should be left to the Johnhttps://www.blogger.com/profile/14352184525331529585noreply@blogger.comtag:blogger.com,1999:blog-4956057989227103850.post-85651103287950653262008-05-15T20:32:00.000-05:002008-05-15T20:32:00.000-05:00With out "judicial activism" and loose interpretat...With out "judicial activism" and loose interpretations of the commerce clause, we'd still have segregated schools, restaurants, and busses. I'm grateful for a section of government that can protect the minorities from majorities who want to over-ride their rights. The legislature and the executive branches of gov't can still overturn the judge's ruling, but the Governator says he won't, and Daniel (Old Account)https://www.blogger.com/profile/09853938564287982268noreply@blogger.comtag:blogger.com,1999:blog-4956057989227103850.post-8029026602220855312008-05-15T20:14:00.000-05:002008-05-15T20:14:00.000-05:00abelard enigma - i completely agree with your post...abelard enigma - i completely agree with your post. nut-job activist judges in california are making a mockery out of democracy. although i'm not opposed to same sex marriages myself, i believe the will of the people in respective states needs to be honored. sad day for democracy, happy day for gays :)Saint Jobhttps://www.blogger.com/profile/16187537284190617835noreply@blogger.comtag:blogger.com,1999:blog-4956057989227103850.post-11154177399245651692008-05-15T19:27:00.000-05:002008-05-15T19:27:00.000-05:00Superstar, you bring up a good point about the nee...Superstar, you bring up a good point about the need for checks and balances. But, given that it was such a narrow victory (4-3 vote), it could have just as easily swung the other way. To have such a narrow victory in a blue state doesn't provide much hope for those of us who live in red states.<BR/><BR/>btw, I'm not calling them "enlightened" - even though I agree with the outcome. I'm just Abelard Enigmahttps://www.blogger.com/profile/13166049686152203530noreply@blogger.comtag:blogger.com,1999:blog-4956057989227103850.post-39501077773422870812008-05-15T19:13:00.000-05:002008-05-15T19:13:00.000-05:00But, on the other hand, I have serious reservation...<I>But, on the other hand, I have serious reservations about a court overturning the will of the people - even though I don't agree with their collective will. It makes a mockery of our political system. What's the point of getting involved and voting when activist judges are going to do whatever they want and force their will upon the masses?</I><BR/><BR/>Courts don't replace voters. In this Superstarhttps://www.blogger.com/profile/07833125076410489040noreply@blogger.comtag:blogger.com,1999:blog-4956057989227103850.post-65881607353961896492008-05-15T17:04:00.000-05:002008-05-15T17:04:00.000-05:00True, and there have been laws passed in years gon...True, and there have been laws passed in years gone by that seem ridiculous to us now and are either ignored or have been overturned.<BR/><BR/>Who gets to decide on what those individual rights are? We'll always have to deal with human frailties and mistakes will be made; but, it seems to me that a group of a million people collectively are less likely to make mistakes than a group of 7 people.Abelard Enigmahttps://www.blogger.com/profile/13166049686152203530noreply@blogger.comtag:blogger.com,1999:blog-4956057989227103850.post-44713176177246205022008-05-15T16:51:00.000-05:002008-05-15T16:51:00.000-05:00I'm sure a ban on inter-racial marriage could have...I'm sure a ban on inter-racial marriage could have won referenda in any number of states in the south 35 or 40 years ago.<BR/><BR/>The will of the people can't trump the rights of individuals.Chrishttps://www.blogger.com/profile/05940646193920094814noreply@blogger.com