The Daily Stirrer

Gay Rights Groups Single Sex Marriage Obsession Points To Constitutional Crisis In U.S.A.
When an appeal court Judge who also happens to be a gay activist overturned a democratically approved law banning same sex marriage in the U.S. State of California it was hailed as a victory for gay rights and a defeat for religious prejudice. That may be so, but it is also a defeat for democracy, justice and sanity.

Gay Rights Groups Single Sex Marriage Obsession Points To Constitutional Crisis
by Ian R. Thorpe.
CREATIVE COMMONS: Attribute, non commercial, no derivs.
KEYWORDS: gay, lesbian,marriage,homosexual, lesbian, california, law, society, social, court, democratic, democracy,election, vote, USA, U.S.A., America, Obama, justice, injustice, political correctness, politically correct, authority, authoritarian, courts, religion, religious

How much trouble American Democracy is in under the Presidency of Barack Obama? This Much.

Judge Vaughn Walker, presiding judge in the state appeal court hearing on California’s Proposition 8, the state law banning gay marriage, is openly gay. Had he been presenting the case for gay marriage in the California State Legislature his long winded on the merits of the case might be influential in the outcome of the As a supposedly impartial judicial opinion it looked suspiciously like the work of someone with a political agenda to advance.

In his dissertation he summarizes the benefits of marriage, how the institution promotes social stability and personal happiness and how extending those benefits to same-sex couples would most assuredly benefit gay people. The judgement handed down by Walker is not a policy brief however but a judicial decision which strikes down a democratically approved law supported at the ballot box by a majority of Californian voters.Whether it is morally right or wrong that the democratic will of the people stipulates the state shall only recognize unions between one man and one woman as “marriages.” With his decision, the judge has sent out a message that the people cannot be trusted to settle by democratic vote the issues that concern them and will affect their daily lives.

"We gave you the chance to vote for the answer to this issue but you got it wrong, the judgement is saying, therefore the will of the people has to be ignored. Now it is true Barack Obama promised in his election campaign that under his Presidency justice and fairness, the principle that every case coming before the courts be judged on its merits, would be superseded by a system that biased the court towards ethnic or sexual minorities, or to favour the poor against the rich.

Obama's election pledge clearly showed he was no fan of democracy and since then he has demonstrated that he holds the American people, the Constitution and the law in contempt. And quite clearly many among the judiciary and the civil service share that contempt.

What of Judge Vaughn's overturning of the democratic will on the same sex marriage issue though? Why am I, a British writer, concerning myself with it?Well apart from the Judge making a good argument for gay marriage but an untenable one for usurping the power of the electoral process to decide this issue. Simply because I recognize this as part of a transnational left wing hijacking of democracy in the English speaking nations. The one world government brigade, the proponents of Orwellian Oligarchic Collectivism (a Big Brother regime with its own Politically Correct Thought Police) are on the march.

Gay marriage should be a non issue. In Britain we have a provision for same sex civil unions but despite pressure from the political wing of the gay community demands that churches be compelled by law to perform same sex marriages. The hypocrisy of gay leaders and their "progressive left" supporters was exposed when the bill to recognize same sex unions as having full marriage status was being drafted. While the pro - gay camp (oops, pardon) were prepared to accept that Muslims be exempt because their religion forbids homosexuality they would not agree to the same exemption being offered to the Roman Catholic Church. It was a human rights issue they argued.

One law for religious minorities, another for white, Christian Anglo Saxons is it seems the principle at the core of the politically correct fairness doctrine.

The argument for upholding California’s gay marriage ban is justified, not because the policy is morally right (morality is for individuals) but because it represents the wish of a majority of California voters. There is a subtle and archaic but important difference between a wedding and a marriage. A wedding seals a commitment in the eyes of the community, a marriage joins people in the eyes of their God. Barring gay marriage but providing civil unions then is a reasonable balance. Judge Walker’s decision, should it survive the inevitable appeal, effectively prevents the people of California from making that decision by will of the majority, instead imposing the will of a minority.

To add insult to injury supporters of gay marriage are claiming the people who did not vote on the issue should be counted as supporters of gay marriage as they did not vote against it. Unsurprisingly, given the preprogrammed mindset of the universal progressive left this same argument was used by the Labour Party to justify their attempt to cling to power after the 2010 election in which they suffered a heavy defeat.

"If you count the people who did not vote," they wailed, "then a majority refused to support the coalition parties so they cannot claim they won." If that is how the "progressive left" think democracy works then we must stop them from taking any further part in any election anywhere.

The whole same sex marriage issue ignores some very important points.

Firstly, it disregards they underlying principle of all democratic societies, SAME RULES APPLY or to put it in a more widely known phrase, "All men are equal in the eyes of their creator." (Not being religious I interpret that as 'in the eyes of the law.') Now how does banning same sex marriage while permitting civil unions comply with that? Surely gay and lesbian couples are being denied the same rights as heterosexual couples. Not so I'm afraid. Heterosexual men and women have the right to marry a person of a different gender but not the same gender and homosexuals have exactly the same right. In the past, when same sex relationships were not socially acceptable, it was quite common for homosexual men and women to marry. Whatever arrangements they made within that marriage to accommodate their sexuality were a private matter.

OK so we can see that in the eyes of The Politically Correct Thought Police 'all people are equal in the eyes of the law' becomes 'All the animals are equal but some are more equal than others.' In asking for same sex marriage the gay community is asking for a right not available to others. How? you might well ask, all they want is the right to marry in a Church.

Precisely; they are asking the law to compel Church ministers to perform same sex marriages. Now if the Church proscribes homosexual relationships and the minister has to refuse because of that both he and his Church will be in breach of the law. And yet if I turned up at my local Church with one of my female pagan friends and demanded the Church marry us the clergyman would have every right to turn us away because we are not member of his, nor any other Christian Church.

Although in the UK The Church Of England is the formally established state Church it has not been compelled by Parliament to accept gay marriage. As with the question of ordination of gay clergy this has quite properly been designated a matter for Church members. In the U.S.A. where there are laws to ensure the separation of Church and State the situation is even simpler. A Church is not a public utility, it should be treated as a private club. And as with any private club anybody who wishes to join must be willing to accept the rules. If a golf club forbids gentlemen wearing shorts on the course expect to be thrown out if you do wear shorts. It may be ridiculous but it has been voted on and accepted by a majority of members.

It would be interesting to observe the legal consequences of a Muslim cleric in California refusing a same sex marriage although it is unlikely to happen. Muslims would be toast if they came out, they would be victims of honour killings murdered by their own families. But hypothesizing for a moment how would a Californian court handle such a case in the wake of Judge Vaughn's ruling. Which would be judged to have priority, Muslim's rights or gay rights.

It is not only the 'rights' contradictions of the ruling that guarantee problems in the future. The Judge who in Britain as a gay activist would have had to declare a conflict of interest and stand down, has waded into a number of constitutional issues. Still the Obama administration likes to create a constitutional crisis a week so nothing new there. Being British I asked an America friend who is an attorney to provide a few thoughts on these aspects of the case:

In his justification for overturning Proposition 8 Vaughn's constitutional reasoning is particularly sloppy. He reminds us that the Due Process Clause “protects individuals against arbitrary governmental intrusion into life, liberty or property,” but fails to show how Proposition 8 deprives any individual of his life, liberty, or property. Instead, he makes an incredible leap from that reading of the Constitution to a list of court decisions finding a “fundamental right to marry under” that clause. He did not cite the debates from the 39th Congress which passed the Amendment and sent it to the states for ratification.

Instead of relying on the plain meaning of the Constitution, he dismisses what, for as long as we have recorded evidence of marriage, has been a defining aspect of the institution — sexual difference.

The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry.

Throughout that alleged evolution, marriage has remained a gendered institution. While legislatures gradually removed statutes which privileged one sex over another, they, on the whole, failed to remove the stipulation that partners be of different sexes.

The most problematic aspect of the gay marriage debate is not just that the sides don’t agree on the issue but that they don’t even agree on why they disagree about it. The gay community and their political allies claim gays are being denied the same rights as heterosexualsso they have made it into an issue about rights with all the emotive baggage that carries. The mainstream are overwhemingly indifferent but religious groups claim the pandeting to gay pressure here is denying them religious freedom.

Same sex marriage is not a “rights” issue. It is never been a rights issue. Gays may do whatever they wish. They may enter into relationships with anyone they wish. They can call their relationship a marriage if they wish. None of this is the issue. The gay marriage issue is about formally compelling others to accept homosexual relationships as marriages with the force of law. This is the core of the debate. The gay marriage debate is about compulsory public acceptance.

What it comes down to is;One person's right to live as they choose and do what they wish does not automatically cancel another's right to disapprove.

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