Tuesday, May 26, 2009

Prop 8- The people's will

Today we learned that the California supreme court voted 6-1 to uphold the recent voter passed constitutional amendment to define marriage as between a woman and a man. I felt 2 things when I heard this.

1. Surprise. This court was the same court that despite a previous voter ban on same sex marriage, disregarded and removed it. When pro marriage groups got enough signatures to place prop 8 on the ballot and asked the court to delay removing the ban so that voters could say their voice (again) on the matter. They said no and let 18000 same sex unions proceed before the people had a chance to vote. So this court has been very supportive of same sex marriage. I expected them to slap the people in the face again and strike down prop 8. But they upheld it. That surprised me.

2. Gratitude. I have always felt that the ultimate power should always reside with the people. Even if the people make a poor choice or chose to not make a choice(like only voting in general elections and missing primaries.) Ultimate power should still reside with the people. The people of California had spoken in 2004 and again in 2008 that they wanted marriage between one woman and one man. Even though the 2008 election was won overwhelming by liberal or left leaning candidates. This conservative prop still passed. I think the court saw this and President Obama has also seen this as the will of the people and both have finally fallen on the side of the people on this issue. The fact that it was a close vote does not change the fact that the majority have spoken. People can no longer blame specific organizations or individuals (like Miss California) for this. The people have spoken and that should be accepted. If the election remained close but those for same sex marriage would have won. They would then have accepted the will of the people. This could happen in the future and so if people are for same sex marriage, they should uphold the court's ruling. Or they cannot rely on the people's will when it falls on their side.

I think that the California supreme court is still a friend to same sex unions as they ruled that the previous 18000 same sex marriages are still legal, even though the people voted twice to outlaw it. This issue will return very soon. We may need a federal constitution amendment to address it permanently. But proponents of gay marriage know they would lose that fight and so will keep their fight on the state level.

2 comments:

barlow.stephanie said...

True that! I am happy to say that I was one of the persons who voted Yes on Prop 8 in CA. I was so proud and happy to vote that day just for that. I knew my vote for president wouldn't matter in that state, but I remember feeling so glad that I made it to the polls just to vote Yes on 8. Yippe!

Phil said...

Good job sis. Never feel that your vote does not count. Even if you vote for a canidate who lost, you still had a vote. Many people in the world cannot say that.