Today's hot button issue is the recent California Supreme Court ruling that any law limiting marriage to one man and one woman is discriminatory, and therefore has opened the way for gay marriage in California. If you haven't heard about it, you will.
I'm not going to address the gay marriage issue. It's one of those things that, like abortion, never gets solved. It can be argued all day and no one will change their position or see any merit in the arguments of the other side. We all have our own opinion on it and our opinion doesn't matter to California because the people of California have already settled the issue. In 2000, the voters went to the polls and voted to define marriage as a union between one man and one woman. The matter was concluded, or at least it should have been. So if you support or oppose gay marriage, I don't care. That's not the issue here.
The issue at hand regards who or what holds absolute power in this country. If you want to join in the discussion, it begins with this simple question: Do Americans have the right to govern themselves?
The Californistan Supreme Court looked at the law created by the people and had to decide whether or not it was Constitutional. For most people, the answer would be clear after reading the first 3 words of the Constitution...We The People. That would do it for me, but not for the 4 activists that apparently sit on the court.
The Constitution begins with We The People. It does not say we the courts, or we the judges, or we the congress or we the politicians. It says We The People. We are the ones who established the law, we are the ones who govern this land. Granted, we appoint people to establish, enforce and interpret the law on our behalf, but the ultimate authority belongs to We The People, and there is no governmental or judicial entity with the power to dispute or overturn that authority. This is a very basic, yet critical premise for our democracy.
In 2000, the people of California established, by majority rule, a law regarding marriage. Millions voted. Today, four individual judges determined that those who voted were wrong, and overturned the will of the people based on, of all things, the argument that their will was unConstitutional. The way I see it, there is nothing more unConstitutional than four people overturning the will of millions, yet that's exactly what happened. And despite how you personally feel about gay marriage, the idea that four people wrongly exercise a perceived power and over-rule the majority should be disturbing to all. Today you may agree with their opinion, but what happens when you don't agree? Four judges do not, and should never, have the power to over-rule the people. Every time that happens, our democracy weakens.
The people of California have spoken. They have determined how to define marriage for their state. That simple fact is what makes it Constitutional. The law is not discriminatory because the people have said so, and it's the people who have ultimate and absolute authority in this country.