A Word on Civil Rights

With Obama’s historic win in the presidential election there was only joy for me last week with one caveat: the passage of Proposition 8 in California. Proposition 8 essentially banned gay marriage in the state of California. At first glance, the passage of the proposition seems like a service to democracy and a free society. By that I mean that the issue was put to a vote and the people of California spoke; gay marriage is not what the people want.

However, I am here to tell you that this does not serve the cause of America and it only shows that there is much progress that needs to be in regards to equality in this country. Civil Rights or any type of equality is something that should not be voted on by the people. The rights of the people is something inherent. It is inherent within the Constitution and it is inherent in the 14th Amendment. This would be akin to determining whether or not an ethnic group should have the same rights as the rest of the nation. It is plain discrimination.

The Civil Rights movement in the 60s actually did not have the majority support of the American people at the time. If the issue was whether or not blacks should have a vote and equality, any measures would not have passed. Jim Crow would have lived on and on. The US Government took it upon itself to finally adhere to the words of Thomas Jefferson that all men were created equal. Heck, it even took an unpopular amendment to the Constitution to ensure that women had the right to vote in 1919. Brown vs. The Board of Education was not a popular decision in the US, but it established the precedent that “separate is not equal”. The rule of the majority is not a tenement of Democracy. Yes, our officials are elected by a majority. But ours is a nation of laws and rights. The United States is not and should not be ruled by the mob.

Gay rights and moreover, gay marriage is something that should be decided by the courts. Our judicial system’s responsibility is to interpret the law. It is not a citizen’s obligation or right. Imagine if everything in this country was determined by a vote. The majority would subject the minority to their own rules and discrimination would run rampant. Rights and equality is not to be determined by a popular vote. The whole reason for the existence of the judicial system is to guarantee that the minority is not oppressed by the beliefs of the majority

For instance, Islam is largely unpopular here in the United States. Would it be right to instigate a vote to determine whether or not Muslims can practice their own religion? How about the Mormons? Amish? Quakers? Catholics?

Remember that the Founding Fathers dreamed of a nation that is subjected to laws, not passion. The right to marry is a universal right and any ban based solely on a person’s belief or demographic is wrong and against the will of the Constitution.

Now, this does not force anyone to welcome homosexuals into their religion or their personal lives. But the Constitution protects them and everyone against discrimination and bigotry. People are allowed to dislike blacks, whites, gays, Muslims, Catholics, etc, but no one is allowed to discriminate or to suppress rights inherent in the very document that founded our country. This is non-negotiable.