“The California Attorney General and I agree that Proposition 8 should fail, but not for any of the reasons raised in the lawsuits. Certain rights cannot be put to a popular vote. No fundamental right can be taken away by the voters.
Could the public, frustrated by a crime wave, take away a criminal defendant’s right to remain silent? Definitely not. Voters simply don’t get to vote on such things, at least not without a compelling justification. There was no justification for Proposition 8 other than to open another front in the culture way by appealing to hatred, fear and religious zealotry.
Overturning the will of voters is not, and should not be, easy. We live in a democracy, after all. Whomever gets the most votes usually wins (just ask Al Gore). However, every once in a while basic constitutional rights safeguard minority groups from the tyranny of an electoral majority. I’m hoping this is one of these times.
I hope that the California Supreme Court will rule that the thousands of married gay and lesbian couples will continue to live happily ever after — until they file for divorce, which I predict will happen at about the same rate as their straight counterparts.” — Judge David Young on today’s hearing of the California Supreme Court on Prop. 8
How about we take this to the next level?
Our newsletter is like a refreshing cocktail (or mocktail) of LGBTQ+ entertainment and pop culture, served up with a side of eye-candy.
kevin (not that one)
Would you like a hug? Oh wait, that’s Judge Hatchett – nevermind!
Judge Young – you rock.
Flex
That is a very cute doggie. It looks like a cartoon character. I hope the California Supreme Court draws the same conclusion as you.
Nitesurf
Certain rights cannot be put to a popular vote. No fundamental right can be taken away by the voters.
This says it ALL. How can Prop 8 NOT be overturned?
mb00
I’m so glad to see Judge David young posted on here. I’m a total justice and forensics show freak, so it’s safe to say I DVR his show on a daily basis, plus that bailiff of his is a TRIP!!!
Anyway, I agree with all that he has stated. There are some fundamental rights that cannot be taken out for a majority vote. PERIOD. And the GLBT communities’ rights for equality are definitely on that list.
KPC
It seems to me that this argument goes to the crux of the problem — whether we have fundamental rights or not. Of course I think we do. But clearly a lot of people don’t think that we have fundamental rights, that we are freaks, aberrations, etc. I am all for legislation as it is a necessary and important tool to implement change, especially for minorites. Still, it is important for us to be visible to friends, neighbors, family, co-workers, etc. in order to truly make change take place. Be true to yourself and live as openly as you can or dare to be.
GranDiva
Is that a Cairn terrier?
Jaroslaw
Actually the research shows that minority groups who have fought hard for a right denied take that right very seriously for a couple generations anyway. So, no, Gays will not be divorcing at the same rate of straights at least for a while. They aren’t divorcing (or un-civil unioning for the precise on this site) at the same rate NOW.
Rob Moore
A former boyfriend circa 1990 who moved to California found me on Facebook. He and his partner of many years married during the free period. I am so very proud and happy for him, that the thought that bigots decided in the name of some spirit in the sky that they had a right and a duty to take away that right to marry. I hope it will be overturned, but since Supreme Courts have to deal with legalities instead of right and wrong per se, I think it is likely the appeals will fail.
No minority has ever been given its basic rights by being nice. Those rights have to be taken by the minority. It takes an aggressive attitude and an unwillingness to simply accept things with a shrug. All those people who contributed to Yes on 8 while having close associations with gay people have no justification for claiming victimhood when gay people respond by not associating with them, picketing them for their betrayal, and taking their lavender money to friendlier organizations and businesses.
A lot of people betrayed us, yet, still expect us to quietly accept our status as second or third class. They want our money, but not our families.
Sebbe
My boyfriend dvrs his show. He is right though, it is odd that you people live in states with ballot initiatives. They are almost all in Wild West like I have states before.
w00t
I’m so glad Toto n his owner support us lolz
Charles J. Mueller
We pay so much lip service to justice in this country.
So, why it is not being served?