What Is Unconstitutional? Prop 8, or The Judge's Ruling.

This was a reply to a young friend whom applauded the Federal judge's decision to block California's Proposition 8 Constitutional amendment. I felt it necessary to educate her to the actual problem with the ruling.

[Princess], what we ultimately have to consider is the courts are ignoring the will of the people. The people of California overwhelmingly approved Prop. 8, an amendment to the California Constitution that expressly defined marriage as a union between a man and a woman. Marriage falls under states rights, not Federal. By blocking Prop. 8, a Federal judge overturned the right of the People of California to govern themselves. This is a very disturbing issue.

Prop. 8 is not unconstitutional. Anyone has the right to marry one person of the opposite sex, yet no one is required to marry anyone. Many heterosexual and homosexual couples choose to co-habitate without fear of government intrusion.

Regarding so-called rights that accompany marriage; California already has very broad Civil Union policy that guarantees those whom choose this option; shared benefits, implied power of attorney, etc.

I have very dear friends whom did marry during the window in which it was legal in California, and I would never take this from them. But the voters of California made a choice to amend their Constitution to clearly define a marriage. It is not for a Federal judge to usurp the rights of the People.

Like with PETA and other advocacy groups, the people who fought against Prop. 8 simplistically target teens and others with their dogma, verses educating them with the complete facts so people can form their own opinion.

If the People of California choose to change the State Constitution to define marriage as a union between any two adults, I would not fight this measure.

But let us recognize that the CDC identifies only 1.5 - 2% of the U.S. population identifies themselves as gay or bi-sexual. Within the United States as a whole this is only 6 million people. The population of California is just under 37 million. So, statistically, only 740,000 Californians are self-identified as gay or bi-sexual. Is it right that 3/4 million people can impose their will upon 37 million via judicial fiat?

What of the rights of 37 million people to govern themselves as they see fit?