The Last time I read the U.S. Constitution, it was the Legislative Branch of Government's job to make laws or the people themselves by changing the Constitution through the Amendment Process. It is becoming increasingly clear; however, that the Judicial Branch of the United States is abusing its power to determine if a law is being enforced fairly or giving interpretation of the law as listed in the Constitution.
A prime example of this abuse of power is currently going on in California. The California Supreme Court has agreed to hear a case seeking to overturn the passing of a banning of same-sex marriages by the voters of California. By what authority does the Supreme Court have to even hear that case? The Supreme Courts of the U.S. are supposed to rule based on the current writings of their various State Constitutions. They cannot change the wording of such Constitutions, only rule based on what they say.
The people of California voted to change their Constitution to ban any further same-sex marriages in their state. The California Supreme Court may not like it but they must help enforce and rule in favor of the will of the people of California. (I do believe that any same-sex marriages that took place before the Amendment went into effect must be respected as being legal, thanks to the Ex Post Facto clause in the U.S. Constitution.) If the California Supreme Court rules that this Amendment is against the civil liberties of the people of their state, and they throw out the Amendment, they are setting a dangerous precedent. They are in effect going beyond their Constitutional powers as set aside in the U.S. Constitution. If the court systems of the United States can change the wording of the Constitutions of the U.S. and the 50 states at will, then they are making themselves the lawmakers of our government. That is not legal!
Even though I am a Christian and know that same-sex marriages are wrong in the eyes of God, I still believe that is a right to be determined by the individual state governments or the individuals of that state. The majority of the people in California, decided on that issue, and the Supreme Court of that state should and legally respect that decision until the voters repeal that amendment. They do not have the legal authority to overturn the will of the people.
About ME
- Mr. E
- Grand Prairie, Texas, United States
- Mr. E is a Christian, Husband, Father of 2, former Army Officer and Texas Rangers Baseball fan.
2 comments:
The issue at stake before the California Supreme Court is the question of whether Prop 8 qualified as a constitutional amendment.
Under the California Constitution, amendments must first be approved by a 2/3 majority of each legislative branch before being approved by a majority of voters.
Prop 8 was placed on the ballot by petition. If the Court rules that prop 8 meets the standard of being a Constitutional Amendment, it will need to go through the constitutionally prescribed process before becoming effective.
Nonetheless, as a gay person, and as someone who would love to marry my partner of 10 years, I would rather not have the ultimate decision on marriage equality come from the Courts. Ideally, gay people will be able to convince our fellow citizens that our relationships deserve the same rights and priviledges that are enjoyed in heterosexual marriage.
I believe we will win this argument at the ballot box. Cultural attitudes on this issue have shifted significantly in my lifetime (I am in my early thirties). History, I believe, is on the side of full marriage equality.
The worst thing we could do is start another 30 year culture war like the one that was spawned when the Supreme Court issued the Roe v. Wade decision.
Patrick,
Even though I disagree with you from a Biblical standpoint. I do agree this is an issue best left to the voters of each state.
Post a Comment