Sunday, August 8, 2010

Judge Activism

I believe that most are aware of Proposition 8 which passed in California to stop same-sex marriages from taking place.  This was legally voted on by the people of the state of California... Justice Walker of the 9th Circuit decided that he would take it upon himself to change this.  He is an openly gay man and has chosen to put his personal lifestyle and beliefs into law above what was voted on last year.  This is crossing the line.  Judge activism has gotten more accepted over the years and it is just not appropriate!  It is not the place or duty of the Judicial Branch to actively support or back cases that are beyond their jurisdiction.  This case will have to go to the Supreme Court and what a waste of tax dollars to overturn a case that was already voted on by the people.  
I have heard that it is "inequality" to deny the homosexual community the right to marry someone of the same sex but I would like to pose a question: Where does it say that they do not have the right to get married legally and lawfully?  They can marry but they are choosing to try and sidestep the outlines of marriage which has always been between a man and a woman.  If we want to get technical here we can go as far as saying this country was built on Christian values and although there are many that are not Christians themselves, these are the basis of the American law.  The Christian God states that homosexuality is an abomination and cities in the Bible were destroyed for practicing such activities.  Now if you were a Christian, would it not appear that your God is against same-sex marriage?  
There are many religions that are against same-sex marriage and if the federal government were to make it legal for the gay and lesbian community to marry in every state, these religions would be infringed because they would be forced by same document that gives them freedom to recognize and even perform these marriages.  
And the homosexual community states that their rights are being infringed?  It is clear that they are not.  Justice Walker has however infringed on the rights of the voters and this needs to stop.  It is not right and it is not within the bounds of the law to do what he did.  Many are calling for impeachment but I do not think that is the answer to this problem.  The judgement simply needs to be rescinded and he needs to act within his authority as a Judge in the United States.  If he wants to change laws he should run for office but he crossed the line as a judge.

No comments:

Post a Comment