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If he did, he clearly doesn't understand the constitution. That document declares the rights of the people. A majority cannot pass a law that violates those rights. In order to rescind those rights, the constitution must be ammended to take them away.
Most conservative folks, and the Declaration of Independence, say that rights are granted from our creator, not from a majority of voters.
Homosexuality is not a victimless crime. It kills and it kills non-homosexuals too (spouses and unborn children to homosexual and bisexual men who have AIDS). Yes, there ARE many homosexual men who are married - to women.
Additionally homosexual couples now compete in adoptions. Where they succeed they teach, by example, their perverse and dangerous lifestyle to their charges, and perpetuate their filthy practices. How many millions have to die before we face this issue squarely?
The right to uphold traditional marriage has been added to that list, at least to the people of California.
Does anyone think that the Hand of God came down and wrote the Bill of Rights? Those who have ever cracked open a book on our Nation's history may never realize how fierce the debates were pertaining to what was included in the Constitution and what was left out.
The debate in California was similar to the debate held in each of the thirteen original colonies. The people of those colonies decided, by vote, whether they desired to join the Union. Not everyone got what they wanted. Compromises were made. Some of those compromises have been "adjusted" by the vote of the states, meaning the vote of the citizens of those states.
We live in a Republic where we seldom directly vote on issues. Normally we vote for a representative who then votes for us. However, when the people vote directly on an issue, the outcome of that vote becomes the mind and will of the people.
"Gays seem only to accept our system when it favors their biased agenda. Otherwise it's constant whining, as Benson wrote."
You reject the validity of courts. One could say you are the sore loser over court decisions. Gays will continue to work within the courts, and they'll continue to work to win votes for our rights for marriage. But you are implying that rights via the courts are antithetical to our system of governance, and that only simple majority referenda are valid. You are dead wrong.
So I'll regurgitate your boorish comment with a twist: Anti-gays seem only to accept our system when it favors their biased agenda. Otherwise it's constant whining.
Nobody wants to do anything about it.
I believe that it is you who misunderstands the courts.
The supreme law of a State is its Constitution. The Supreme Court of that State cannot rule against its supreme law. All laws hang on the laws explicitly defined in the Constitution. Laws may be added, but no law can contradict the Constitution. If a law is found to contradict the Constitution, then the Supreme Court is bound, by law, to remove the law that contradicts the Constitution.
In California, traditional marriage has been defined as the union between a man and a woman. That is part of the California Constitution. It is the supreme law of California. No judge in California can overturn that law unless he wishes to abolish all laws mandated by the California Constitution.
If you don't like a law or a portion of the state or US constitution, there is a process to get thoes laws changed. Prohibition is a prime example of government setting up a constitutional law and then recinding it.
"A majority cannot pass a law that violates those rights. In order to rescind those rights, the constitution must be ammended to take them away."
If your argument is true then the majority never had a right to create legal marriage in the first place and we needed a constitutional amendment to enact legal marriage. You are confusing rights with what the majority creates. The right to drive doesn't exist, the right to marry doesn't exist, etc. Rights aren't granted by the state. They are inherent and fundamental and MUST exist independent of the actions of others (no right for state or individual to marry you).
"Most conservative folks, and the Declaration of Independence, say that rights are granted from our creator, not from a majority of voters."
You are right but who exactly do you believe created the legal institution of marriage? Was it "God" who enacted the statute creating and defining the legal institution of marriage or was it the majority and our representatives who created legal marriage?
Our rights cannot be granted or taken away by the majority (or anyone) therefore legal marriage cannot be a right since it wouldn't exist if it weren't for the