How Far Should The Majority Go?

[wonderwench]

Originally posted by DKSuddeth
should have seen that coming from miles away

and its only going to get worse in the future.

Tocqueville was right. This type of tyranny is what will cause our country to implode from within.

 

[DKSuddeth]

I think this issue should be decided by the voters and not some judge.

People, as a whole, don't always make the best judgement call nor do they really care about justice and fairness in all things.

 

[wonderwench]

Which is exactly why the Bill of Rights was developed - in order to protect the rights of the individual from both the government and the oppression of the majority.

 

[DKSuddeth]

Thats also why legislation this encompassing should really be left to the states, not the feds. If left to the states then you could have same sex marriages in vermont but not florida.

 

[5stringJeff]

Originally posted by DKSuddeth
Thats also why legislation this encompassing should really be left to the states, not the feds. If left to the states then you could have same sex marriages in vermont but not florida.

DK, I would agree in principle, but the gay-rights activists have already taken a state's sodomy law (Texas's, to be specific) to the Supreme Court, and had it successfully overturned. Therefore, the "states right" thing, as far as gay rights are concerned, is not a viable course of action - and ironically enough, it's the homosexual lobby's fault.

 

[eric]

If left to the states then you could have same sex marriages in vermont but not florida.

The problem is the interstate legal issues would be enormous. I don't think this would be feasible.

 

[Avatar4321]

Originally posted by DKSuddeth
Thats also why legislation this encompassing should really be left to the states, not the feds. If left to the states then you could have same sex marriages in vermont but not florida.

Unfortunatelly thats unconstitutional.


Article IV:

Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

It basically means if one state accepts gay marriage, all states have to accept them as legal, they may not have to preform them but according to the Constitution it would be legal.

This is why the defense of marriage act passed during the 90s will not hold up and why the actions of these criminals with the help of their activist judges have pushed Bush into proposing the ammendment.

 

[Moi]

Originally posted by wonderwench
Tocqueville was right. This type of tyranny is what will cause our country to implode from within.

Well I guess it's a good thing that he's both dead and irrelevant to our laws then, ain't it? You need to reread the history of our founding fathers instead of quoting de Tocqueville.

First of all, he had nothing to do with the founding of this country nor the inception of its laws- past, present or future. Second of all, though he was an intelligent man, everything he wrote was pure speculation based upon his observations of, oh, about 4 years. I've been living here 40 years and I can't predict the future...what makes you so all-fired sure a man who lived almost 200 years ago and only visited here for 4 years has the encompassing power to see the future?

More importantly, this is a man who believed that democracy would cause man to be more happily married (ya, right) and more religious (once again, right?!).

I live in the real world, the one in which today's citizens determine their own laws based on our beliefs. Just like Thomas Jefferson, I trust the majority to do the right thing for society. And, I also think that there are times when the greater good of society has to overrule the affront of the few.