Tuesday, May 26, 2009

by majority vote...

I confess...that I don't believe in democracy.

That is, I don't believe in democracy in its truest form. I don't think the majority should always rule. I think that the basic rights of people simply aren't appropriate subjects for a vote. It will often be in the majority's interest to limit the rights of a minority and we need to safeguard against this.

Honestly, I don't know the full span of the legal debate in California. I can't say the decision was "wrong" on legal grounds since the justices had a pretty narrow issue before them of procedure. If the proposition met the requirements, then their hands were a bit tied. I just don't like the system that allows for such an easy route to wiping away people's basic and fundamental rights.

Interracial marriage would not have passed a majority rule test when it first became law. The majority was wrong. And now we see it. I only hope that there are brave enough law-makers out there to help move gay marriage forward And that in 50 years, it will seem just so obvious (okay, it already does to me...but to the majority) that it was right.

2 comments:

Lauren said...

I agree with you that the majority shouldn't really be the voting factor in issues of civil rights. Although, I'm not sure who SHOULD decide what's a civil right and what isn't. I don't think my state senators are qualified. I don't think the previous two administrations were qualified. The jury's still out on Obama's administration (for me.)

Cheryl: How would you propose 'we' decide on what is a civil right? I don't think hoping for a failure in procedure is how we as a society want to 'overturn' things like Prop 8. Is the acceptance of alternative lifestyles a social evolution that perhaps we're just not patient enough to wait for?

I'm babbling

clg1213 said...

clearly, i should decide.

no, i realize that's a problem and have trouble giving an answer that doesn't require some level of interpretation.