Thursday, June 27, 2013

The Hidden Scandal in the Supreme Court Ruling on Prop 8

The good news is that the Supreme Court did not rule that there is a Constitutional right to same sex marriage.

The bad news is that the Supreme Court has effectively ruled that politicians can decide which laws to enforce.

Can you imagine if President Nixon had been a racist and simply decided to not enforce the Civil Rights Act of 1964.  The liberal outrage would have been heard in outer space.

Yet when President Obama decides to not enforce DOMA he's hailed by liberals for being a hero. Similarly liberals think it's great that Governor Jerry Brown of California refused to contest a judges ruling that canceled the peoples vote for Proposition 8 that defined marriage as being between a man and a woman.

Liberals don't believe in Democracy.  It's a simple and sad truth. That's why so much of the liberal agenda has been pushed through by the courts and now by politicians who refuse to enforce the laws.

For example:
  • Roe v Wade overturned the laws of all 50 states on abortion
  • Court rulings overturned all of the pornography laws in America and ensured that porn peddlers can try and get underage kids to use their products
  • Court rulings made the criminal system a game rather than a quest for justice
  • Obama refused to enforce DOMA thereby putting himself above the judiciary and the legistature
  • Brown refused to defend Prop 8 thereby effectively short circuiting the initiative process that is a key part of Californian law--you can be sure he would have defended Prop 8 if it made same sex marriage legal
The latest court ruling, which effectively says that if one judge finds a California proposition unconstitutional and the politicians don't like the proposition the will of the people is irrelevant, is a major step toward turning our representative democracy into an monarchy.

In the past the Supreme Court has basically lied and said that their rulings were based on the Constitution. By saying that the people don't have standing to defend a law passed by the people the Court is saying that the people effectively don't have rights.

To a non-lawyer the Court's ruling is similar to saying that if someone burglarizes your house and the DA decides he doesn't like and decides not to prosecute you can't sue the burglar in civil court.

We need some lawyers in CA to sue Gov. Brown for failing to defend the peoples vote. Because if we accept the concept that elected officials can decide what laws to enforce we effectively cede immense power to the politicians.

Liberals agree with this because we know they'd scream if a conservative politician refused to enforce a law that liberals like.  Heck they scream if a conservative even tries to use the legal process to change a law liberals like.

The good news for liberals is that conservatives don't think they have the power to void laws wily nilly. The bad news for America is that liberal politicians think they do.

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