Tuesday, February 7, 2012

OK...  so I have been quiet for a bit....  today I had to speak up again.

So, the 9th U.S. Circuit Court of Appeals ruled that Prop 8 was unconstitutional today.  Why should I be upset you say?  Truth be known, I do not endorse same sex marriage...  Do I feel that they should have the same rights to medical care coverage, visitation, and legal rights like opposite sex marriages...  YES.  Do I feel that in a lot of ways their rights were being infringed upon before this...  YES  Here is my beef with this....  The people voted, passed Prop 8, now you have the arm of the Judicial System that is overriding this in one vote, how is this constitutional.  From my HS days (I know long, long ago, in a far away land) I learned that the three powers in our country do not have the ability to circumvent the majority decision of the people.  In the Constitution, Article 3, Section 1 it gives no power to the Judicial System to vote something "unconstitutional"  That was a power that was asserted by the Judicial System (Supreme Court) back in 1803 and was never challenged, so that group has been doing it ever since.  (see http://www.senate.gov/civics/constitution_item/constitution.htm)  Also, in Amendment X it states "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.", thus it is the people's right unless the Constitution specifically outlines that power or the people or the elected politicians from that state have given the Federal Government the power...  They cited the 14th amendment as a reason for it being unconstitutional.

I feel that this is actually an infringement on my rights.  What this is saying is that it does not matter what I vote for...  the Judicial System can just choose what they want and I have to go along with it.  I just have a hard time with the Government coming in a without vote or voice of the people making changes that can have such far reaching consequences that it effects so many without most understanding the ramifications. So, we have a Presidential Election coming...  what if the person that the majority of the people vote for gets elected, but then the Judicial System decides that it is "unconstitutional" to all him or her to make changes in the current health care program, and remove him.  I have a problem with this, and I think so would all of you.  Extreme example, you may say, and that this would never happen.  Well, at some point when you keep allowing the Government to take the little bits of your freedom away, you don't have freedom and no way to get it back unless there is a revolution.

Again, I do want equal rights for all.  Prop 8 was put on the ballot due to the LGBT community wanting to have a union between same sex attracted people to be called a "Marriage"  I do not agree, and yes I know that some will feel that I am old fashioned and allowing my religious beliefs to get in the way and dictate my decisions....  Yes I am allowing my beliefs to shape my decisions..  It is a free country.  I worry that with this there is no limit to what will be called a "Marriage".  Man and Man, Woman and Woman, Dog and Man, Car and Woman....  What will limit this..  if a union of 2 men or 2 women must be called a "Marriage" because our constitution says that it must, then a Man can Marry his Goat, and the constitution says that is correct as well.  This is a very slippery slope to go down, and I have to take a stand that it should not be a "Marriage".  Call it a Union and outline the rights that those that are in this Union.