Thursday, August 5, 2010

Gay marriage / Proposition 8 / death of a representative democracy

Seven million voters in California approved Proposition 8, which reads:

“Only marriage between a man and a woman is valid or recognized in California.”

It makes no reference to sexual orientation and does not deny any person from marrying the opposite sex. Any prohibition against marrying the opposite sex is placed by the individual themselves, not the law.

U.S. District Chief Judge Vaughn R. Walker (appointed by President George H. W. Bush) through judicial decree invalidated the decision of seven million voters in California ruling Proposition 8 unconstitutional, the United States Constitution. Similar to the federal judge invalidating the legislative action in Arizona with their illegal immigration legislation.

In the judges opinion (see link to PDF file below) he references the “equal protection” clause of the 14th amendment as justification for his regal judicial degree. Problem: The 14th amendment passed in 1868, three years after the end of the American Civil War (1861 -1865) was passed to protect newly free black slaves who were being denied their constitutional rights and privileges in many jurisdictions. The 14th amendment’s intent was to protect the constitutional rights and privileges of these new citizens.

No where in that amendment or in the intent was the marriage issue or sexual orientation a consideration. This judge’s decree is a bastardization of the 14th amendment, and another nail in the coffin of representative democracy in these here United States of America.

PDF file of the judges decision: