Friday, August 27, 2010

Clouded Judgements Can Lead To Clear Decisions

As many know, the argument over whether or not same-sex marriage is legal or illegal, or constitutional or unconstitutional, has truly become come to a head. Recently a justice in the state judicial system proclaimed the infamous prop 8 unconstitutional; this decision virtually overrules the votes of 52% of California citizens, because that is no matter to me. The next step for this lawsuit is a set of hearings at the District Courts whose jurisdiction covers a large portion of the west coast. As this lawsuit continues to move on up the judicial food chain, most likely resulting in a case in the Supreme Court, more and more is becoming clear about our society and how little that society truly knows and comprehends about our government and its constitution.

The essence of the government that was built in 1787 is often lost on much of today's society. We, as a collective people, as so concerned with our own self-interest and benefit that we often forget what the laws of this country are and why they were written in the first place. Our government was meant to protect the unalienable rights of all of our citizens, no matter how small of a minority they belong to. A system of checks and balances was enacted to reinforce the defending of these rights, among others. With checks and balances, power never resides in only one part of the government, or the people for that matter, but instead in many different areas that have the power and legitimate authority to override or "check" another's decision. This is what occurred with the lawsuit against proposition 8; a number of families felt that the "persecution" they were experiencing must be illegal, so they sued. The court's decision "checked" that of the populace of the state and declared it unconstitutional. If this system had not been put in place centuries ago, then many families and regular human beings would still be denied the opportunity to equality. This case against an unjust law is at the end of a long line of laws that have been overturned by the judicial system because of this system of checks and balances. I will stop my long rant with one thought: What would the society we know today be like, if issues such as civil and women's rights had not been resolved?
The decision in this case will soon seem as clearly right and just as did the decisions in those two areas; at least I hope it does.