On November 4th, 2008, seven million Californians vote to define marriage as only between a man and a woman. On August 4th, 2010, the United States District Court for the Northern District of California struck down the decision declaring it unconstitutional under the Fourteenth Amendment’s equal protection clause and the right to due process.
The moral issue of homosexuality need not be addressed here. What will be addressed is the Court’s continual use of equal protection to take basic cultural decisions out of the hands of the people. The Court is a legal institution, but it undertakes to decide hot button issues of culture and politics that are, strictly speaking, none of its business. The Supreme Court, aided by the lower federal courts and many state courts, has usurped the powers of the people and its elected representatives. Our democratic system gives the people the power, if they are persuaded that the policies of the past should not be the policies of the present, to change the laws as they see fit. The system is destroyed if the policies of each age is taken out of the democratic process and written into the constitution. It’s ironic that the Court criticizes the ways of our ancestors when at least our ancestors left us free to change. The same cannot be said of this Court-dictatorship which has chosen to inscribe into law, one by one, the current preferences of society and in some cases the counter-majority preferences. The court has become a supreme law maker beyond the reach of the ballot box.
In conclusion, the decision by one Judge Walker to usurp the power of the California voters of more than seven million and overstep his bounds was wrong. One against seven million. Every American, gay or not, should be alarmed at those numbers, strip the courts of their cultural and political influences, and put the issue to a vote. Whatever the decision, at least we would have the power to change down the road.