Tonight there will be protests and calls for action on both sides of the issue of Marriage Equality. I watch along with the rest of the entire nation to see what the always-progressive and precedent-setting California Supreme Court will do next. The arguments have been made time and again, but for my partner and I, this comes down to the core issue of basic human rights.
The California Attorney General and I agree that Proposition 8 should fail, but not for any of the reasons raised in the lawsuits. Certain rights cannot be put to a popular vote. No fundamental right can be taken away by the voters.
Could the public, frustrated by a crime wave, take away a criminal defendant's right to remain silent? Definitely not. Voters simply don't get to vote on such things, at least not without a compelling justification. There was no justification for Proposition 8 other than to open another front in the culture way by appealing to hatred, fear and religious zealotry.
Overturning the will of voters is not, and should not be, easy. We live in a democracy, after all. Whomever gets the most votes usually wins (just ask Al Gore). However, every once in a while basic constitutional rights safeguard minority groups from the tyranny of an electoral majority. I'm hoping this is one of these times.
I hope that the California Supreme Court will rule that the thousands of married gay and lesbian couples will continue to live happily ever after -- until they file for divorce, which I predict will happen at about the same rate as their straight counterparts.
With the economy in a shambles, environmental disasters everywhere we look, and war raging around our planet, wouldn't you think the people of California have more important things to worry about? Still, it would have been better if the Attorney General had raised this point BEFORE the election. He could have saved taxpayers and everyone involved millions -- pity!
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