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No rights are inalienable! Ken Starr said so
In yesterday's CA Supreme court case, advocating to uphold Prop8, Kenneth Starr argued that there are no inalienable rights for Californians. Under his argument, he admitted that free speech, racial discrimination, (presumably even voting rights themselves!) under the California constitution are subject to a simple majority vote, without any legislative process at all.
Sadly, Justice Kennard seemed to agree, and in her comments apparently felt that the inalienable right of the majority to be foolish at the ballot box trumps what the court previously found to be "a basic civil or human right of all people."
If Prop8 is upheld, as commenters expect, it is really a breathtaking precedent. WE HAVE NO RIGHTS that are safe from the rule of the mob, the tyranny of the majority.
Think of what this will unleash: a series of amendment initiatives in CA to deprive gays of any protections at all. Don't expect domestic partnerships to survive.
And not just gays: any unpopular class, like immigrants, may also be at risk. Just wait till the Minutemen get going and start buying signatures to put an amendment on the ballot. They can do it, if the Supremes uphold this decision.
The US State Department book "Principles of Democracy" states explicitly
Majority rule is a means for organizing government and deciding public issues; it is not another road to oppression. Just as no self-appointed group has the right to oppress others, so no majority, even in a democracy, should take away the basic rights and freedoms of a minority group or individual.Such an ideal may not apply in California. Better dust off your pink triangles, folks, we all be moving to Manzanar next.
Cross posted at DailyKos and Friends of Jake
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I know that many here at this TPM site desire to see w, and dicky c, and rummy, and yoo and feith and a host of others pay for their crimes against man and nature and nature's god, but cannot something be done about Starr?
March 6, 2009 1:34 PM | Reply | Permalink
Not sure if you saw it, IT. And I haven't been able to locate it just now, but Josh had a lovely set of photos up yesterday, showing people demonstrating in front of the court house.
My heart goes out to you and your wife. And all who deserve to marry their beloved.
March 6, 2009 1:37 PM | Reply | Permalink
Lots of protesters on both sides. Apparently one of the proH8 protestors held a sign that said, "Dan White: hero for killing a queer".
Nice to know what they really think....and want. Just think of leaving my rights subject to the whim of people like that.
March 6, 2009 2:01 PM | Reply | Permalink
It's terrible, IT, that there should be such people wandering around in a crowd. And it's hard enough for you to see it. But for your children, for anyone's children, that is simply heartbreaking.
March 6, 2009 2:06 PM | Reply | Permalink
Is the answer then not the generation of a countervailing majority?
March 6, 2009 2:04 PM | Reply | Permalink
Yes. WE only need to flip 2% of the voters.
March 6, 2009 2:19 PM | Reply | Permalink
You'll be pleased to note, IT, that if one googles Ken Starr, gay, and inalienable, your post here comes up second on the list! Just below Time's story.
Just now, at The Guardian, I read Hillary Clinton's rejoinder to that: gay rights are inalienable human rights. I've put up a blog on that:
http://tpmcafe.talkingpointsmemo.com/talk/blogs/therap/2009/03/hrc---gay-rights-are-inalienab.php
Peace be with you. And with your family.
March 7, 2009 11:16 AM | Reply | Permalink