Should the Majority Vote Always Win?

Of course it shouldn’t.  There are clearly some cases where a majority votes and the court overturns the majority decision.  Why does it do that?  Because the majority (gasp!) can be wrong.  In 1966 the people of California voted on whether or not to make it legal to discriminate against race when it came to housing.  In 1964 there was a law passed called the Rumfeld Act.  This made it illegal for landlords to discriminate based on race.  The ‘people’ were upset that the law took away their right to discriminate, so they put it on a ballot.  This was Prop. 64.  And guess what?  It passed by 65%, meaning 65% of the voters believed that everyone should be able to discriminate in housing.  Here is what Ronald Reagan had to say about it:

"If an individual wants to discriminate against Negroes or others in selling or renting his house," Reagan declared, "he has a right to do so."

Hmm.  So this guy became our president?  Anyway, it was overturned by the Supreme Court.

Now fast forward to Prop. 8.  Just a bare majority passed this hate law (52%).  Now the court has to decide whether a majority can take away a right already given to a group or whether something like that shouldn’t be put to a vote.  Heck, why don’t we vote to see if black people can have civil rights.  Want to guess what the outcome of that might be, especially in central California and southern California?  I think you know what the answer would be.

People who protested against the right of a group should be ashamed.  I was yelled at, surrounded by angry Christians and been called a fag, all while standing up for my right to marry, which was given to me by the State Supreme Court.  I also received hate mail (actual letters to my home address) after writing to the San Francisco Chronicle telling people that Prop. 8 was religious persecution.  So these so-called ‘Christians’ weren’t the only people who were harassed.  They should stop pretending to be better and that they are victims in all of this.  They exposed their hate.  Everyone who donated money to Prop. 8 and everyone who donated to stop Prop. 8 can be found on various lists.  Just because you are on this list (as I am) doesn’t mean you are targeted. Donating money is a public issue and is public information.  Anyone who says that they are being targeted because they are on these lists is just plain lying. 

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4 Responses to Should the Majority Vote Always Win?

  1. Robert says:

    Kevin, i agree there are cases where the majority should not stand, especially when we are talking about issues that effect a minority. Minorities will always lose in a Majority vote (hence that is why they are the minority), the question should be how does a certain vote or action, go along with the Constitution. I believe Prop. 8, and other anti-gay Marriage laws will be eventually overturned, because it does violate the Constitution of equal treatment under the law, in the same way racist laws were eventually overturned.

  2. Kevin says:

    Hi Rob,I hope you are right! I keep telling myself that things just keep getting better and better…

  3. Cassie says:

    Kev…Rob IS right—the unknown factor is TIME—-it takes time for human beings (and even Supreme Court Justices are human beings) to see clearly and DO the right thing. The great redeeming factor about our nation, I have always believed, is that EVENTUALLY we correct our mistakes.

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