Does a Court Ruling on Prop 8 Undercut the Democratic Process?

Yesterday, I jokingly called my article about Rihanna and Chris Brown Reuniting: “If Loving You Is Wrong, I don’t want to be Right.” Today, my article investigated whether a Supreme Court Ruling on Prop 8 will undercut democratic process. My gut reaction is to say: If it undercuts democratic process, then I don’t want to be a democrat! But of course, that’s all very well and good to say if democracy is on your side. I’m pretty sure that if it wasn’t, I’d crying out for the democratic process to come back. (For example, when George W. Bush was NOT elected by popular vote, I definitely thought we should listen to the people.)

Given that we’re probably going to nationalize the banks and become nationalist/socialist disaster, (ahem, Citigroup) it’s really important that we keep a close eye on democracy in other areas. Such as whether two people who really love each other can have the same rights as two other people who love each other.

That being said, the people who make the criticism that this isn’t democratic would do well to remember that the system is about checks and balances. It’s our ability to reflect and revise that makes it a democracy. And when you go behind the headlines and do a little research, you learn about some interesting nuances:

This would be the first instance of a court overturning a measure passed by popular vote; some Prop 8 supporters argue that the California Supreme Court’s decision to hear the case threatens the principle of direct democracy. However, one law professor pointed out that Prop 8 was in itself an unprecedented measure. Proposition 8 was also the first popular vote challenge to a Supreme Court ruling designed to protect the rights of a minority group.” [click here for article.]

Yeah…so…in case you weren’t aware, it’s a tricky situation. (Hello, I’ll be your captain for this flight, and my name is Obvious.) But I do remember that when Bush got “elected,” my history teacher told us that if anyone was really that upset about it, there would be rioting in the streets. So, from a totally objective standpoint, I hope that whichever way the Court rules, if someone is really really really upset about it, they will continue to protest in a productive way. Because thank god, the crazy fascist democrats haven’t taken away our freedom of speech–yet.


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