The Cali Garmo

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Gay Marriage battle turns to the role of courts

By gay , Published on Mon 05 January 2009
Category: law

Proposition 8 barely passed last year and already there have been many lawsuits against it asking the court to negate the proposition. Some have started asking if this is even allowed or possible.

In a society where the laws are made by the people, Proposition 8 was voted on by the people. Therefore it has come into question whether or not the courts have the right (or even should have the right) to be able to cancel out any voter approved proposition. Proposition 8 backers say that by letting the courts take down proposition 8 they are basically negating a person's right to have a vote in the government. Others reverse this and say that the right to marry someone is an 'inalienable right' and therefore the courts have the obligation to strike down any law going against it.

This just makes you wonder how would we feel if the same thing were reversed. Imagine if we as a state voted to no longer allow guns but then the courts turned and said the constitution allows guns. How would we feel then? Although I do not like their argument and I don't think it is completely valid as I believe a 52% majority is not enough to change the constitution and therefore the courts are still allowed to strike down the law, but what if it was 64%? Makes you wonder and be thankful it wasn't a super majority!

Source: Reuters