Tilted Forum Project Discussion Community - View Single Post - Prop 8 constitutional challenge likely to go to U.S. Supreme Court

Wes Mantooth · 01-13-2010, 10:28 PM

The will of the people simply can't be your only basis when voting on laws. Essentially that position holds that there should be no checks and balances in place to correct mistakes, address constitutional issues or offer any level of protection to a persecuted class, individual or minority group. That's simply outright tyranny. Taking prop 8 to federal court ensures an examination of the constitution and makes sure that nobodies rights were violated in the process. If the court finds no protection for gay marriage then prop 8 will not only stand but we will have a federal precedent to follow when the question comes up again in another state. Again checks and balances.

Should homosexuals have no legal recourse to challenge such an arbitrary and quite frankly cruel law because a large group of people say so? At what point does the will of the people cross the line? Should the people have a blank check to reinstate slavery? Decide who gets to vote? Which religions should be banned? At some point a voice of reason and authority has to intercede and protect the rights of the people no matter how small the group or large the majority. How can any of us have real freedom otherwise?

01-13-2010, 10:28 PM	#46 (permalink)
Wes Mantooth Junkie Location: Tennessee	The will of the people simply can't be your only basis when voting on laws. Essentially that position holds that there should be no checks and balances in place to correct mistakes, address constitutional issues or offer any level of protection to a persecuted class, individual or minority group. That's simply outright tyranny. Taking prop 8 to federal court ensures an examination of the constitution and makes sure that nobodies rights were violated in the process. If the court finds no protection for gay marriage then prop 8 will not only stand but we will have a federal precedent to follow when the question comes up again in another state. Again checks and balances. Should homosexuals have no legal recourse to challenge such an arbitrary and quite frankly cruel law because a large group of people say so? At what point does the will of the people cross the line? Should the people have a blank check to reinstate slavery? Decide who gets to vote? Which religions should be banned? At some point a voice of reason and authority has to intercede and protect the rights of the people no matter how small the group or large the majority. How can any of us have real freedom otherwise? __________________ “My god I must have missed it...its hell down here!”