Thursday, August 05, 2010

Clarification

Yesterday while celebrating the Judge Walker ruling in the California Prop 8 case, I called it "the hateful Prop-8".

Some of my friends have called me to task for that choice of words.
So I officially retract the word "hateful" and replace it with the word "harmful".
I do not know the motives of those who voted for Prop 8.
But I do believe that Prop 8 was harmful.
And so did the judge in the case.

There are many private moral reasons that individuals can use to make decisions for themselves.
But moral disapproval is not sufficient reason to deny individuals equal protection under the law.

I keep hearing today that the judge overruled the will of 7 million voters.
But those 7 million voters overruled the will of 6.5 million voters as well.
Any law, whether enacted by our representatives or directly by voter initiative, must conform to the US Constitution, including Amendment 14, which guarantees equal protection under the law. The counting of votes does not guarantee the constitutionality of the proposition.
Even if 13 million voters had voted for Prop 8, the judge's decision would have been the same.
It had to be.
The burden of proof is higher in the court room than it is at the ballot box on on TV.

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