Posted by
Infinite Rainbow on Saturday, May 17, 2008 12:00:00 AM
How California’s Supreme Court Gay Marriage Decision Empties the Prisons
The California Supreme Court’s recent decision imposing the status of civil right on Gay marriage is an example of judges incompetently exercising judgment—something, of all people, judges should avoid—or of judges whose arrogant authoritarian hubris is willfully or ignorantly exercised to undermine America’s representative democracy. Civil rights, as opposed to civil liberties, are established by law, and the essence of their violation is that they be denied to some people while being permitted to others. Prohibitions against gay marriage, very clearly, do not do this.
The following comments along these lines were written in November 2004, and sent to some of those who seemed to miss this point and who were then involved in the legal disputes; they still apply:
"So tell me how you are being discriminated against?”
"I can't marry someone of the same sex; that's discrimination against me because I'm homosexual."
"No it's not. Straight people can't marry people of the same sex either. So where is the discrimination?"
"But straight people don't want to marry people of the same sex. They marry people of the opposite sex."
"So can you. Can't you marry someone of the opposite sex if you want to? Of course you can. So where's the discrimination?"
"Uhm ..., uhm..., ... well, yes, but I don't want to."
"Oh!"
(Such a conversation might best end right there. But one can also well imagine it continuing as follows):
“So now you get it, right?”
“Yes, I get it. Your argument is that when someone can’t do what they want to, their civil rights are being violated.”
“Right on.”
“So let’s empty all the prisons, right?”
"Uhm ..., uhm..., uhm....: No, those people are there because they are law-breakers.”
“Yes. People who, according to your argument, shouldn’t be there due to their civil rights being violated because they aren’t permitted to do what they want to do. So let’s empty the jails.”
"Uhm ..., uhm..., uhm....”
“But some laws are bad laws.”
“Then change them.”
“Exactly. And that’s what the Court did.”
“Exactly!”
Infinite Rainbow