On the Contrary

I have been listening to the post Prop 8 chatter and it would seem that the talking point for those against equal rights for gays is that the people have spoken and the court has allowed majority rule to triumph. The people have spoken:  Little minds think little thoughts.  They should consider this:  What the California Supreme court did was reaffirm that the California Constitution allows tyanny of the majority where minority rights are not protected.  Had the tables been turned and the people of California had voted to say that the Mormon Church must be taxed as a political entity, they would have been out in droves decrying the tyanny of the majority.  Yet the very battle they have won allows us to do just that.  They have forced their religious beliefs using majority rules on everyone in the state.  Their reckoning will come in 2010 and then they will decry how this should only be done by a two-thirds vote.  It is a sad day in California when some celebrate taking the rights away from a segment of our population.

Well the court has ruled that Proposition 8, banning gay marriage was a legal proposition, but the marriages performed before the vote are still legal.  Tomorrow I will discuss how far California has fallen, but this truly twisted piece of logic shows just how bad the constitution is in California.  Think about it.  First a majority of voters can deny a minority of their rights.  We have to have a two-thirds majority to passing funding measures, but we can take away someone’s rights and make them second class citizens with a simple majority. Note that this was supported mainly by a religious organizations.  What’s next, ban all Jews?  Apparently it would be constitutional.

Second, some gay people can be married and others can not.  What does this say about equal protection under the constitution?  Well under the state constitution it says its okay, but under our Federal Constitution this presents some real problems.   I do not take issue with the Justices who made this ruling as I think they interpreted the State Constitution correctly which is to simply say the State Constitution is a mess, and is a reflection of the state of California these days.  I am ashamed of my state and their vote on this sorry proposition.