Yes on Prop 8

I haven't blogged yet about prop 8. Mostly, it's because so many people have already talked about it and have done a much better job than I could ever do. My old buddy Myron gave the best roundup on it, and I strongly encourage everyone to read his explanation of his position on prop 8.

http://myronn.blogspot.com/search?updated-max=2008-10-17T20%3A22%3A00-07%3A00&max-results=2

Long time Simsisms friend, 84rkr posted his thoughts on prop 8 on his blog. 84's stuff is always well written, and may be found here.

Anyone who thinks that judges imposing their own view in substitution of the people's ignores history. Proponents of Judicial Activism often cite Brown v. Bd of Education as an example of the rightness of Judicial Activism. These people also ignore the fact that there was broad support for desegregation, and that the Supreme Court vote in that decision was UNANIMOUS. They also conveniently ignore the fact that most schools weren't desegregated until the NIXON administration. The judicial branch is simply not a transformative institution and cannot push the country in a direction it does not want to go. Take for example the Decision in Roe v. Wade. The court decided to push the country into universally accepting abortion. We have not had a judicial appointment since that decision that hasn't involved whether or not that decision should be overturned. We can't have an election without abortion being a subject. In essence, we've spent the last 30 years trying to undo Roe v. Wade because half the country despises it and will not accept it.

Courts that put their own political agendas in place of the will of the people they serve undermine their own legitimacy. Take for example the two most activist courts in the country, the 9th and the 5th circuit appeals courts. The 9th circuit panel has essentially become a running joke. You remember them as the ones who struck down the pledge of allegiance. The Supreme Court later tossed that case as the litigant didn't even have standing to bring the lawsuit. No one really takes the 9th court seriously on political questions any more, as it's almost a given that they will be overturned.

The 5th circuit, if memory serves, was chastised by the supreme court for not paying attention to the decision that the Supreme court handed down. The supremes effectively had to issue a bench slap to try and get the 5th circuit back in line. The 5th circuit decisions have been quietly named Cert Petitions because it's almost guaranteed that they will have to be reviewed. (Cert Petition is the name of a document that requests a supreme court review).

Now, a court in California is trying to push the state into a Roe situation. California OVERWHELMINGLY voted to explicitly ban homosexual marriages. There is not broad support for the issue, and people do not accept it. When a court substitutes it's own views in place of the will of the overwhelming majority, or endeavors to force a sea change against the will of the people who the court serves, it undermines its own legitimacy.

Prop 8 ammends the California Constitution to recognize only Heterosexual Unions as a marriage. Only an ammendment to the constitution is sufficient to bind the hands of an activist court and force them to abide by the will of the people instead of calling an audible on societal norms. The court's disregard, and frankly, utter contempt, for the express will of the people makes this ammendment necessary to protect this most sacred union given by God as an essential part of his plan for his children. Vote yes on prop 8.