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Gay Marriage: Individual Rights vs. Public Will

Posted in Uncategorized by Rodibidably on March 4, 2009

[Originally posted at: Wall Street Journal Blogs: Capital Journal]

The California Supreme Court hears arguments Thursday in a challenge to the state’s voter-approved constitutional ban on gay marriage — a case that will lead to a landmark decision between minority rights and the public will.

The decision, expected in several months, will have profound consequences, not just on the lives of gay men and women in California and beyond but also on the political system nationally.

The same court decided less than a year ago that homosexuals can marry in the Golden State, and California voters responded in November by approving a referendum that reversed that opinion.

In essence, gay rights supporters say their rights supersede the public’s ability to regulate conduct. This was the argument often used by the courts during the civil rights movement to overturn discriminatory laws. Without a doubt, the use of the courts by civil rights proponents in this way created a political backlash.

This backlash spurred strong resentment among some voters groups with widespread implications for American elections over the past 40 years.

[Read the rest of this post at: Wall Street Journal Blogs: Capital Journal]


One Response

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  1. rachel said, on March 12, 2009 at 8:32 AM

    I think that gay marriage should be allowed because there is no where in the constitution does it say that gay marriage is not allow. The 14th Amendment say tha all people are treated equally. And if you take away homosexual rigts to get marriage then you are violating their right to get married.

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