Thursday, August 12, 2010

Good News in CA

Thank God we live in a Republic rather than a Democracy ... a Republic in which elected and/or appointed officials are empowered to make decisions for us.

As in the case of fair housing in CA, early 60s, the courts determined that restrictive housing covenants were unconstitutional, despite the fact that 65% of California voters wanted to retain them in Prop 14.
I think, too, about Civil Rights and Women's Suffrage ... it was the leadership of the courts that helped us break free of the past and shed the chains of structural racism and discrimination. Yes, both yet exist in practice and attitude for many Americans, but without official approval. That's a huge step to take, and today in CA, another huge step was taken for civil right and Marriage Equality.

And it looks like the legal arguments are in place - whatever perspective some may personally hold on LGBT persons and practices, there can no longer be a constitutional prohibition on their marriage and the rights that pertain thereto.

For a detailed examination on why the proponents of Prop 8 feared a trial such as has just been concluded, check out the following article at HuffingtonPost. In a nutshell, the "legal arguments" against Marriage Equality simply do not stand up in an American Court of Law.

I have many friends who oppose Marriage Equality and ordination for practicing LGBT persons, and though I cannot agree with them, I cannot deny either their feelings or opinions.  Yet they are beginning to realize that moral and theological arguments against Marriage Equality cannot be translated into civil law.

As for me, I long for the day when I will be able to officiate at all weddings. That day is coming, I believe, and it will be a good day for all of us.  

1 comment:

Mac said...

You may have a long wait. Even if the 9th Circuit (the most reversed Circuit Court of Appeals in the federal judiciary) upholds the District Court’s ruling, the Supreme Court will more than likely reverse. You are grateful that we are a Republic rather than a democracy. Actually, we are a Nation of dual sovereigns: the States are constitutional republics to whom the federal constitution reserves the rights not specifically granted to the federal government.

Marriage has always been a matter of State law. If California wants to define marriage as being between a man and a woman, I suspect that the Supreme Court will agree that the State has a right to do so. June 2012 ought to be interesting.