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I'm not talking the obvious stance, that they are on the wrong side of history. Gay marriage is coming sooner or later regardless, and this decision will live in infamy as the Dred Scott case of the 21st Century. What I'm talking about, however, is the more esoteric legal issue. What this case really stands for is that any simple majority at any time can vote to take away the fundamental rights of any group, no matter what the Constitution says. Constitutions are designed to stand above all other laws. They are the standards to which all laws are judged against, and they cannot be amended except by substantial majorities under exceptional circumstances, which is why they happen so rarely (and the basis for the lone dissent).

In its prior decision, the court recognized marriage as a fundamental right under the California Constitution. Their current decision therefore opens the door to any motivated group to promote initiatives to disenfranchise any legally recognizable group in any way. All they need is enough signatures to get proposition on the ballot (which, with companies to assist in this chore, is extremely easy) and a network to assist in alarming the public to this newly discovered menace (churches and Fox News, anyone?). Thus the potential for mischief, which the law normally abhors, has been greased.

So why wait for the next spitball to come from these wingnuts? 'Cause you know one's coming, it's their MO. Why not take the fight to them for a change? I think we need to stop being so dour and always being the responsible one in our disfunctional relationship and show the Supreme Court what a truly idiotic decision this is. So I have a modest proposal: let's start identifying groups of sufficient minority to target, say, white males or lefthanded people (I'm lefthanded, so I'm prepared to take the hit on this), and come up with an initiative to take away some fundamental right. While chances are we won't succeed (which is just as well), and the scare from this publicity stunt won't rectify the Supreme Blunder, it will awaken the morons and apolitical types who voted for the abomination that is Prop 8 in the first place from trying to pull this kind of crap again. Two can play at that game. And anyway, we're California, goddamnit, the place that's always ahead of the curve. We need to regain our momentum.and stop taking this lying down. We don't want to be the last state in the union to rectify this injustice. We're mad as hell and we're not going to take it anymore.

Comments

( 2 comments — Leave a comment )
the_angelus
May. 27th, 2009 06:34 pm (UTC)
I'm in.
sal93
Jun. 12th, 2009 11:17 pm (UTC)
don't forget...
the mormons. in fact, pick just one flavor of christianity and stick to it. details details.

xxoosh
( 2 comments — Leave a comment )

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