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Where democracy fails – same-sex marriage August 6, 2010

Posted by fetzthechemist in Uncategorized.
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Modern democratic principles have a cornerstone that popular will should rule. In the US, this has always been tempered by the founding fathers’ wisdom that mob rule can happen and that is bad. So the US Constitution has provisions that are over two-hundred years old that include judicial overrule of the voters. It is not some new conspiracy between activist, liberal judges and the left. It has been the law of the land since Washington was president.

Popular will in the past supported slavery, selective internment of the Japanese in World War II as possible enemy aliens without similar moves against Germans, Italians, Roumanians, Hungarians, Slovaks, or Croats (all whose native or heritage nations were members of the Axis powers), bans on the marriage of blacks, Asians, or Latinoos to whites, and many other stances that the courts later decided were unconstitutional.

So the voters in California approved a same-sex marriage ban. The premise was that heterosexual marriage is the only true marriage, based on the religious prescripts of the Catholic, Protestant, and Latter-Day-Saints churchs (among others). This might have been true if marriage had stayed a strictly religious relationship. It did not. It became civil when tax breaks, property rights, inheritance, and other legal and governmental ties were made. Now marriage creates inherent rights for citizens who can and denies it to those who cannot, even if they want to. The court found this to be unconstitutional.

If all of these people want marriage to be heterosexual only, then move to get rid of those civil and governmental ties that make it a non-religious action. Give up the tax breaks. Give up the joint property rights. Give up inheritance by marriage. Make marriage a clean, non-gevernmental rite again and you can then limit its use to only those following your religious beliefs.

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