California Prop 8 outlawing gay marriage ruled unconstitutional, page 3
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ATS Members have flagged this thread 10 times


reply posted on 4-8-2010 @ 06:26 PM by OldDragger
reply to post by black cat



It's not about majority anything.
LEARN BASIC CONSTITUTIONAL LAW!
Majority rule is not the way America is governed!
Rights are not "voted on". Do YOu want the majority deciding what rights YOU have?
Sorry, you just couldn't be more wrong if you tried!


reply posted on 4-8-2010 @ 06:36 PM by black cat
Originally posted by OldDragger
reply to
post by black cat



It's not about majority anything.
LEARN BASIC CONSTITUTIONAL LAW!
Majority rule is not the way America is governed!
Rights are not "voted on". Do YOu want the majority deciding what rights YOU have?
Sorry, you just couldn't be more wrong if you tried!


Democracy, sir. It is totally about the majority rule in a Democracy. If I were wrong then we wouldn't need elections to decide POTUS, we would just need an individual to appoint one. Whether this is about rights or laws, the issue is the judge overturning a proposition endorsed by a majority of the people. I'm sure you wouldn't be fine if the government overrode something you voted against.



reply posted on 4-8-2010 @ 07:12 PM by janon
reply to post by black cat



You do realize that the United States of America is not a democracy right? It's a Federal republic. I think you have some reading to do.


reply posted on 4-8-2010 @ 07:19 PM by sdcigarpig
Of all of the three parts of the government, the one part that has to justify in writing all decisions made, is the court. The judge, must write up not only his or her judgement, but also the reasoning behind that judgement, often citing the different laws and based such on precident and rulings that have come before.
The ruling by the judge when it comes to fighting the laws, are automatically go to a federal court, then to a superior and finally the Supreme court of the United States. In this process, each and every judge who sits on the bench, not only has to read what is written down, but also must add to it, so it is more than just one persons thoughts on the subject that makes the difference, but the voices of those sitting on the bench now and in times past.
I read through the ruling by the judge that was made and what the reason for the decision of the court makes a lot of sense, as there are 2 parts that did not sit well with the Judge who made the ruling.
The first part is the question of what to do with all of the people who got married before the law went into effect. Is it right to give a person a right and then take it away in such a short amount of time? The law left all of the same sex couples who did get married, hanging in limbo. Think for a moment, you are suddenly given the right to drive a vehicle, get a liscence and then are told you have that right. Then later that year, a law goes into effect stating you no longer have that right, that for a bit of time you got to enjoy, is that correct, and is it equal treatment under the law?
The other aspect that was pointed out by the judge is that the law is flawed on the basis as it sets up a system where it would discriminate against those who are gay, and in a committed relationship, putting the man/woman relationship as superior to one of the same sex relationship.
This is clearly wrong, as there can be no distinction under the eyes of the law if a person is in a same sex relationship or another. The law can not set one group over another, as that would open the door to legalized discrimination, that this country so long ago fought against at the expense of so many people who just wanted to do the right thing.


reply posted on 4-8-2010 @ 07:24 PM by black cat
Originally posted by janon
reply to
post by black cat



You do realize that the United States of America is not a democracy right? It's a Federal republic. I think you have some reading to do.


If that's true then why are we promoting Democracy in Iraq and Afghanistan and not a Republic? 2nd line.


reply posted on 4-8-2010 @ 07:38 PM by gluetrap
The US is a constitutional republic, which functions through the process of representative democracy.

This is the same thing they are pushing for in Iraq. They call it democracy because that is the word most people understand and recognize and it conveys the basic principle quite well.


en.wikipedia.org...
A constitutional republic is a state where the head of state and other officials are representatives of the people and must govern according to existing constitutional law that limits the government's power over citizens.

And here is a blurb from Wiki about the reasons for checks and balances and a constitution even within the seemingly fair democratic process.

en.wikipedia.org...
There are several varieties of democracy, some of which provide better representation and more freedoms for their citizens than others.[7][8] However, if any democracy is not carefully legislated – through the use of balances – to avoid an uneven distribution of political power, such as the separation of powers, then a branch of the system of rule could accumulate power and become harmful to the democracy itself.[9][10][11]

The "majority rule" is often described as a characteristic feature of democracy, but without responsible government or constitutional protections of individual liberties from democratic power, it is possible for dissenting individuals to be oppressed by the "tyranny of the majority". An essential process in representative democracies is competitive elections that are fair both substantively[12] and procedurally.[13] Furthermore, freedom of political expression, freedom of speech, and freedom of the press are essential so that citizens are informed and able to vote in their personal interests.[14][15]


reply posted on 4-8-2010 @ 07:41 PM by sdcigarpig
reply to post by black cat



According to precident set in the 1800's and in the power of the constitution, yes a judge sitting on a federal court, in the appeals court and in the Supreme Court of the United States, do have the right to strike down any law that is deemed to violate the constitution of the united states. It is a recourse that the people of the United States have against bad laws.


reply posted on 4-8-2010 @ 07:54 PM by Aquarius1
reply to post by hotbakedtater



You are absolutely right hotbakedtater, I commend this Judge for knowing the law and implementing it. We are all equal under the law or we're not. Thank you for the voice of sanity.
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