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Saturday, November 25, 2017

It's Not The Will Of The People

by D. E. Carson (writer), , May 17, 2008

California State Supreme Court slaps the people in the face.

In a dissenting opinion, Justice Marvin Baxter of the California State Supreme Court wrote that the Court overstepped its bounds by even hearing arguments and ruling on the case concerning the law banning same-gender marriage in California. “Changes to marriage laws should be decided by the voters,” Baxter said.

But his opinion falls on immoral ears.

The morality of America is that the people – ALL of the people – are allowed to vote as to how the nation is to be governed. Today’s decision by the California Supreme Court to overturn the will of the people is a travesty at best. It makes a mockery of the system of Majority Rule which has carried this nation through 232 years of existence. The people made their feelings and their desires known when Proposition 22 was passed in 2000 banning same-gender marriage in California. That was the will of the people. The majority won. The game should have been over.

But it was just getting started.

Gays and lesbians didn’t like that the majority of the people in California disapprove of two men or two women being married. In fact, they so detested their defeat in 2000 they began a militant movement to see to it that the people were forced to accept their life choice. Now gays and lesbians celebrate the decision of the State Supreme Court. They think they’ve won their case. They think they’ve justified their behavior.

They’ve undermined the stability of the governing process of the United States of America. They’ve paved the way for any group who want to have their lifestyle validated to do so in California. Consider the polygamist cult in Texas. Suppose all who believe in polygamy were to sue to have that lifestyle allowed in America. Are we supposed to allow anyone who wants to be married to more than one partner that privilege? Then let’s let all the Satanists who sacrifice humans and drink blood have their lifestyle validated.

There are limits to everything. Children are given limits to keep them safe. Society needs limits. We cannot allow a small group of individuals dictate how the rest of us live our lives. America was founded on the idea that the majority of the people make the rules and the rest have to accept that. Fortunately, the majority has seen inhumanity and corrected the problem – but there are some things that should not be condoned by society and having four out of seven dope-smoking, schmucks overturn a law that was passed as the will of the people is fundamentally wrong.

This is not about same-gender marriage; it’s about having a panel of tight-asses decide that the people don’t know what’s good for them and somehow, they think they do. That’s not a democracy – it’s fascism. Same-gender marriage just happens to be the catalyst by which fascism is being forced upon Americans. We already have stupid morons like the ACLU trying to tell us how to live. Now it has extended to the State Supreme Court of California. What’s next – polygamy?

When the people vote to pass a law, that alone is a mandate from the people and the government, including the judicial branch, is obligated to uphold the will of the people. Furthermore, it is the responsibility of that same judicial branch to respect the will of the people and to dismiss any challenge to it. Had Proposition 22 gone through the California legislature, it would be whole different ball game and the California Supreme Court would have had authority to review the law and to overturn it. But Proposition 22 did not come from the state legislature, it came directly from the people of California, who under the provisions of the California State Constitution pushed the measure to a direct vote by the people and the people make their desire known very loudly and very clearly: “not only no, but hell no!

So where does that leave the people of California? Right now feeling that they have been betrayed by the court. The feeling is wholly justified because, frankly, they were betrayed. Four individuals on a panel of seven ruled in favor of fallacious testimony and basically usurped their own authority and destroyed the confidence of the people. There is no excuse for this kind of behavior on the part of the California State Supreme Court. It has laid the ground work for more similar types of usurpations of authority contrary to the will of the people.

It is the right of the people to determine how they will be governed. No group, organization, union or individual has the authority to override it – no matter what. If gays and lesbians wanted to overturn Proposition 22, there were other proper means of doing so. Circulate a petition and get a repeal on the ballot and let the people decide whether or not to overturn their decision. The people have the right to change their minds as well. What they have done to the American governing system is an abomination. The court forced the people to accept what they do not wish to condone. It is but one more step to a totalitarian government where all are subject to the whim of a small few and no one has the right to oppose it.



About the Writer

D. E. Carson is a writer for BrooWaha. For more information, visit the writer's website.
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2 comments on It's Not The Will Of The People

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By chetthejet on May 27, 2008 at 01:40 pm

Your basic point about how things were not done properly with the law is valid. I don't have problem with the gays and all that, but still, your point stands. It does sound from the extended middle of your piece that you don't like gays, but that may not be the case, and again, as you returned to your main premise at the end, approval or disapproval of these various issues is not the point.

I would, however, loose the "we" talk, as in "are we supposed to let ..." Avoid it, as it makes it sound as if you are deciding--like the few you seem to be ticked at--what we should be deciding upon. I don't believe that is your intention. I get where you're coming from, but this is just something I tend to do myself, especially when writing about something I am passionate about.

Your article is excellent, however, your style, sincere, and makes me want to read your stuff, whether I agree with you or not. This is good, subject matter that counts, because it's by you, but not about you, if you get where I'm coming from. In other words, I don't give a shit what you cooked for breakfast, lunch, and dinner, but I'm digging your main course. A++

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By D. E. Carson on May 27, 2008 at 11:16 pm

My use of "we" is the collective "we" used as a pronoun replacing the very proper noun Citizens of the United States of America.  It was intended to be more of an indictment on how Americans as a whole are allowing a select few people to dictate to the government how the country needs to be run.  America is a republic where "We the People" elect one of our own to do our bidding for us in the Capital.  Instead, American law is being legislated from the benches of the court system because a handful of people can't handle being on the losing side of popular opinion.  In the case of Proposition 22, it was a pure democratic act.  The people of California made their desires known and their desires were overridden by over-zealous idealistic judges sympathetic to that handful of unhappy people.

The Declaration of Independence says that we have the right to the pursuit of happiness.  There is no declared right to happiness ... only the pursuit there of.

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