Showing posts with label LGBT. Show all posts
Showing posts with label LGBT. Show all posts

Monday, November 8, 2010

Legislating From The Bench or Doing Their Job

Here in Iowa, our election day was not only for representatives, senators and a governor. In fact, a huge issue getting a lot of the play was on the retention or rejection of 3 Iowa Supreme Court justices. After all was said and done, Marsha K. Ternus, the chief justice; Michael J. Streit; and David L. Baker — received about 45 percent of the vote, making this the first time members of the state’s high court had been rejected by voters.

“I think it will send a message across the country that the power resides with the people,” said Bob Vander Plaats, an unsuccessful Republican candidate for governor who led the campaign. “It’s we the people, not we the courts.”


“What is so disturbing about this is that it really might cause judges in the future to be less willing to protect minorities out of fear that they might be voted out of office,” said Erwin Chemerinsky, the dean of the University of California, Irvine, School of Law. “Something like this really does chill other judges.”


A massive portion of the campaign to oust the judges was funded by out of state groups, helping to support the efforts led by Vander Plaats, and heralded by Representative Steve King.

A lot of the arguments put forth by pundits and regular citizens alike was that the ouster was the result of Iowans being displeased with the state Supreme Court legislating from the bench. Now I may be a conservative, but this is one area where I break ranks with our so-called standard bearers.

For one, I personally think the idea of gay marriage is a non-issue and therefor irrelevant in regards to government oversight, save the license issuing process that heterosexual couples go through. Secondly, I personally believe the process behind letting citizens decide to stop homosexuals from being allowed to marry or not is ludicrous. Since the state Supreme Court said the legislation was essentially flawed and struck down as unconstitutional, gay marriage opponents and politicians have taken to their soapboxes to proclaim the injustice of an opinion differing from theirs. Boo-friggin-hoo!

I believe when allowing citizens to vote on the rights of other people's lives you have to look at a couple things. One- does there allowance to participate in some activity truly harm you? Two- Is the vote on an amendment to allow a freedom or restrict a freedom.

Personally, I know gay people, and have some people related to me who have chosen (or are naturally?) the homosexual lifestyle. Am I for gay activities? Not really. I have always and will always prefer women for romantic relations. But in regards to homosexuality I don't have to participate in, condone, or suffer from their lifestyle, or choose to associate myself with anyone who does. Whether or not two gay people decide to get married will ultimately never affect me personally, and I highly doubt it will affect any of the other straight people living around here.

Conservatives are always bitching about how they want the government to stay out of their personal lives and let them live and operate freely as they see fit. But then all of a sudden, hoards of queers appear on the horizon, in full war paint ready to charge on in and ruin their idea of civilization, and now they want to use our system of governance to prohibit the activities of individuals.

Look I get the God-fearing church crowd being dismayed at homosexual activities and lifestyle, I really do. Say what you want, let your heart be filled with all that hate you wish to hold, but remember a couple teachings from the Good Book. Do not judge, for that is the role of God. Hate the sin, love the sinner. Pull the plank out of your own eye before removing the speck from your brother's.

In other words, you aren't perfect, so who the hell are you to tell other people how wrong they are. Fix up your own house and let others fix their own house as they see fit. Again, you don't have to hang out with homosexuals or people who accept homosexuals as friends for that matter. You don't have to engage in homosexual behavior or gay marriage. Your church does not have to recognize anything related to homosexuals. In the same moment, keep your government out of it as well.

Quit pissing and moaning about how the government is trying to legislate your activities, and then turn around and do the same thing to someone you disagree with. That only makes you a hypocrite. And while everyone is entitled to their own wrong opinions, the rest of those around you are equally entitled to disagree with you and tell you to stuff it where the sun don't shine.

So, unlike many of my conservative friends, I voted to retain the three judges. I voted for the losing side. That doesn't make me wrong, just makes me in the minority at the polls. The judges did NOT legislate from the bench, contrary to popular opinion, but merely did their job in not restricting the freedoms of citizens under their jurisdiction.