Something will happen

Posted: March 27, 2013 in Uncategorized
Tags: , , , ,

This week the supreme court in the United States will hear two cases, which could make some major changes in The United States of America concerning marriage. One challenge is to the  state of California’s Prop 8 law. The prop 8 law makes it illegal for couples who are both the same-sex to get married. The law was voted in by a majority of the state however the state is not defending the law.

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What will be argued is the constitutionality of this law voted in my the majority of the state of California.  Predicting the decision of the supreme court is about as easy as predicting the weather. Predicting the weather is almost a fool’s errand, just when you think spring is here a cold snap hits and Indiana is covered in 5 – 8 inches in snow.

Because of the difficulty of predicting the supreme courts decision I will not waste our time doing that what I would like to do is take a deeper look into what is happening.  The arguments have two sides. One side which says two consenting adults should be allowed to get married no matter what their sexual preference is and if a governing body is denying them this right they are wrong.  The other side is arguing for the sovereignty of democratic decisions. “Since the majority of people do not want this to be it shall not be.”

I have never been a fan of majority rule. I agree with Mark Twain “Whenever you find yourself on the side of the majority it is time to pause and reflect.” I don’t belive laws or the denial of rights should be granted or implemented based on a majority rule.  I feel like laws should be created to protect the rights and the safety of a society, in that order too. The question often arises should you sacrifice freedom for protection, I reply right away with a no. Freedom and liberty trump safety.

Does it make our world unsafe if our society allows same-sex couples to wed? I do not see how. However same-sex marriage is as one chief justice put it yesterday “a new institute”, he points out it is more new than a cell phone.  If you answer no, than you have to ask yourself why this law? If you answer yes you have to answer how this would make society unsafe? The constitution of the United States is an amazing document written so that majority rules with respect to the rights of the minority. In this case is there a respect to the minority by the majority being shown?

I have seen kids on the playground, at home and in the classroom. Kids can be cruel! When kids see other kids who do not fit, in dress differently, sound differently, or are just different,   the majority of kids ostracize the different ones.  When kids get older we call this ostracize action , the creation of cliques.  As the kids become adults we call the ostracize action of others class distinctions. All of these definitions are ways of dressing up the act of being a bully.  Is prop 8 a bully law? These are questions that will drive the supreme court argument.

One question that also will drive the argument is wether or not, due to how new the institute of gay marriage is, should the supreme court decide at all? Do we need more evidence to see if gay marriage does harm society? If gay marriage is deemed harmful for society what happens in states where gay marriage is legal? The children in these families could be as children often are left in the lurch.  

I am not sure about the answers to these questions, I am sure I do not want to stand in the way of someones love and their profession of love simply because I  disagree with their sexual preference.  I am also sure that if two people of the same sex love their children and do their best to provide and take care of them, they are no more or less a harm than a couple made up of two people of different sexes. Another thing I am also sure of, is that I am not a fan of allowing a court or a majority of people to decide which types of families are harmful to society. Deciding which types of families are harmful to society can prove to be a slippery slope. This idea of deciding which rights to deny based on the good of society sound a little like the controversial Chinese One Child Policy.  As you have read I have many uncertainties.  

one thing I am sure of though is, that I do not envy the justices of the supreme court. This case will be a  landmark case and even before they were started yesterday they seem to be polarizing.

Something will happen. What will it be though? No one knows? Supreme courts decision is expected in late June.

Whatever happens, if it be that gay marriage is a right, deemed unsafe for society or a privilege which states can hand out to those they feel deserve it.  I hope society will learn to be more accepting.

When thinking about the prop 8  law I am reminded of the words of John Adams “Power always thinks… it is doing Gods service, when it is violating all it’s rules”   It is important to treat the minority with respect because they are people and it is pragmatic to treat the minority with respect because tomorrow they could be the majority. 

I am not in any way weighing in on the morality of the gay or straight lifestyle, I have my own opinion about this and that drives my personal choices. I don’t think anyone has the right to judge anyone elsewhen it comes to moral matters that do  not directly affect them. When judgement is passed (sometjing is happening that is harmful to our liberty and well being)  it should be done out of necessity and with great compassion for everyone involved.

peace

john3c

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