"Life moves pretty fast. You don't stop and look around once in awhile, you could miss it." - Ferris Bueller

Friday, May 16, 2008
Black Robed Thugs In The Golden State

Some of you will no doubt find this post offensive.  Some may even go so far as to find it hateful.  Some of you will be unable to look past the subject matter and even be able to remotely understand what I'm trying to say regarding the judicial coup which took place yesterday in my home state of California.


If you find yourself in that position, you'd better stop reading now because you'll be offended by the rest of this post.  If that's the case, perhaps you need to be offended.


On March 7, 2000 the State of California had a primary election in which several Propositions (or Ballot Measures) were put before the electorate.  California is a fairly unique state in that it is possible for grass roots based ballot measures can be voted on by the electorate – effectively bypassing the Sacramento legislature.  Each election has a slew of them and the airwaves are saturated with ads extolling voters to either vote for or against the measure.  This particular election was no exception.


Among the various ballot measures before the Golden State electorate was the very controversial Proposition 22.  Most ballot measures are so long and wordy that few people can make sense of them and hardly anyone ever bothers to read them.  The text of Proposition 22 was surprisingly short.  It read – in its entirety:


Only marriage between a man and a woman is valid or recognized in California.


Needless to say, billions of words from both sides were exchanged regarding that proposed amendment to Article II, Section 8 of the California Constitution.  I will not re-flog the issues surrounding Proposition 22 – that is not my point.


My point is, that on that day in March of 2000, 4,618, 673 Golden State voters checked the box indicating they wanted this sentence added to the aforementioned section of their state constitution.  The measure carried by 61.4% of the votes cast.  In the interest of full disclosure, my vote was one of those 4,618,673.


Yesterday, four Californians overruled those 4,618,673.  In short, 61.4% of Californians were overruled by 0.000000531% of the electorate.


A wise man once stated that "Liberals attempt through judicial activism what they cannot win at the ballot box".  Truer words have seldom been spoken.  Four California Supreme Court Justices took out their distorted constitutional microscope and fabricated a right to same sex marriage out of whole cloth.  They spent several hundred pages justifying their "discovery" – feel free to read the legalese – but all the judicial jujitsu in the world can't distort what they did.


There exists the Constitutional principle of Separation of Powers for a reason.  The legislature (or in the case of Prop 22 the "people") pass the laws, the executive executes the laws, and the judiciary "interprets" the law to make sure said laws don't conflict with any constitutionally guaranteed freedoms, rights, or other legal issues.


No, the Judiciary does not make laws.  Find me a place in the Constitution (Federal or State) which authorizes the guys and gals in black robes to make laws.  You'll be looking for a very long time.  Have fun.


A lot of people, even good friends of mine, are celebrating this judicial coup.  Its ended a very discriminatory practice – in their eyes.  Again, I'm not going to debate the issues of Prop 22.  That has already been done.


The fact of the matter is, the people had already spoken on Prop 22.  61.4% agreed with its implementation.  You can't get 61.4% of Californians to agree on the time of day – but they agreed to Prop 22.   Evidently over four million votes mean nothing to four Black Robed Thugs in Sacramento.


Those who support same sex marriage constantly refer to the changing view of the American people on this issue.  If this is true, then perhaps what they should do is put it before these same people for a vote.  They won't, because it would lose and lose ugly.  As long as they can count on four votes in Sacramento, the other four million don't matter.


And that, dear reader, is wrong – no matter what side of the issue you are on.


Here endeth the lesson.

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