Wednesday, March 27, 2013

The Big Issue at the Supreme Court

Most are overlooking the most important issue at stake at the Supreme Court as Proposition 8 and the Defense of Marriage Act (DOMA) are being argued this week – will we be a Constitutional federal democracy or not?

As I noted earlier this month, over 7,000,000 Californians voted to amend their state constitution via Proposition 8 in a free and fair election.  Will they be denied the right to amend their own state constitution?  Will marriage laws, which have traditionally been determined by the states (a tradition DOMA protects), now be determined from on high by the Supreme Court?  Will we go further towards becoming a dictatorship of Washington, D.C. and a dictatorship of the black robes?

I support traditional marriage.  At the same time, I understand those who support state-recognized gay marriage while I very much disagree with them.  But I am not so understanding towards those who would overturn Constitutional democracy in order to impose their pet and novel view of marriage.  And that is exactly what is being attempted at the Supreme Court.

I know gay marriage is just the most important issue ever in both politics and religion nowadays.  But the integrity, if you will, of our Constitutional democracy is just a bit more important.


Lawrence said...

One of the criticisms of Iran that I often hear is that they are repressive and backwards because they have a group of folks sitting around in robes who can overturn whatever laws or will of the people they chose on the basis of their religion (Islam). Because of this we are to do whatever we can to overturn this oppressive situation even to the point of going to war.

Yet, we have a group in robes sitting around overturning laws and the will of the people on the basis of a religion (Secular Humanism) and that is somehow a sign of freedom and enlightenment. Because of this we are to sit down and shut up because to oppose it is repressive and backwards.

Anonymous said...

Absolutely right. The Tenth Amendment and all that and doesn't the Constitution itself begin with the words "We, the People" who are not being told that if the homosexual elite doesn't agree with you, no law or constitutional amendment you pass will be allowed no matter how large the majority. It is the overthrown of the very premise of our Constitution, our law and our very way of life.

Lee Poteet

Anonymous said...

This is nothing new. For example, if I'm not mistaken, SCOTA, in Brown v BOE, overrode the separate but equal clauses in numerous state constitutions (which had, consequently, been upheld by SCOTA in 1896 in Plessy v Furguson). Of course, one could very feasibly argue that in Brown the court employed undesirable means to reach a desirable end, but the point is that this horse left the stable nearly 60 years ago--and the states, begrudgingly or not, allowed them to do it. --Bryan Hunter, Charleston