Prop 8 the constitutional ban of same gender marriage in California is being reviewed by California’s State Supreme Court. The question that is being debated is who determines what is a right? —The majority of the people or some other authority like inherent human rights. The ban was voted in by 52% of the voting population making null and void 18,000 marriages that were committed when the Supreme Court ruled that the legislative ban against same gender marriage was unconstitutional.
It’s an interesting question and one that could have dire consequences across the country. Could there be a constitutional amendment in a state that wants to ban say immigrants from working and residing in their state? I am talking about immigrants that have visas. There is such a groundswell of anti-immigrant fever in Mississippi and Alabama that such a change in the constitution could be voted in by a simple majority of the voting population. It sounds preposterous. But that is the argument being made in California, the majority decides what is a right.
Bigotry should never be considered constitutional. Nor should racism. Yet that is the argument in California because 52% of the people voted with their bigotry. They voted against the the religious rights of those faiths, including Unitarian Universalists, who believe that all marriages are to be honored and blessed regardless of gender.
A majority vote does not make it ethically right. It just means that bigotry is alive and well. If California’s State Supreme Court rules in favor of this constitutional ammendment then it will be the first time that equality rights were rescinded in America. I know that there are states that have passed constitutional ammendments against same gender marriage but those states never recognized the human right to love whomever in the first place. So, the states weren’t rescinding they were simply adding more barriers to codify their bigotry. What other rights will be rescinded by majority vote?