If the people's voices are the bases of our democratic society then should the judicial or legislative branch override a decision made by the people's of a state. More specifically, should California's proposition 8 referendum vote be over turned by the California state courts?
http://www.youtube.com/watch?v=vI-GjWY-WlA
http://www.youtube.com/watch?v=Y04wYfgWxeA
http://www.foxnews.com/video-search/m/21415249/a_step_back.htm?q=proposition+8+in+California
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i think its a matter of perspective, if the courts think that its for the good of all the people in that state then yes, overturn the ruling, but otherwise no. the principle of popular sovereignty says that the people are in charge. the majority of society has the right to make laws that get passed by the government. So no, in most cases i dont think they should and in the case of california, i dont think they should, thats my personal veiw on the matter.
I agree with matt on this one. Popular sovereignty puts the power in the people's hands so in most cases i do not think that the government should overturn it. Although there are some cases where the government may believe that their decision would be better for the people. As far as California's proposition 8 referendum i do not think that it should be overturned by the California state courts.
No it should not be overturned if the peoples voices are truly the bases of our democratic society. We cant have every thing overturned every time it upsets some groups of people otherwise we will never be able to make any law because there is always someone unhappy about them.
I believe that there are a lot of different views on the subject of gay marriage but i don't believe that gay marriage should be legalized. Old fashion marriage between a man and woman should be protected. As for Proposition number 8 should stand and should not be overturned. I am not a strong religious person but I think that traditional marriage should only be allowed, on the basis that I do not believe that god wanted it to be allowed for a man and another man to become married.
I do not think the courts should turn down proposition 8. Marriage should be protected and not redefined. If they people have spoken as the popular opinion than it should be just as much law any other law.
i think that the legeslative or judicial branch can over ride the ruling.
i don't think the government should overturn a decision of the people. i'm not one way or another on gay marriage. as long as i don't have to be involved, i'm fine with gay marriage.
I think that they shouldn't be turned over the people have made there choice on it.
I think there is always the possibility of Prop 8 being over turned. Was it popular opinion, yes, but are we respecting the minorities rights? That is the issue i see.
Lets move the clock back 50 years and the place over a thousand miles east to Mississippi. The issue up to vote is shall a black man be able to go to the nearest restrom or have to go find a segregated bathroom? In Mississippi if this version of "prop 8" was up it would go the same way. Passed by popular vote, but did it meet the rights of all?
I think it was completely up to the State to vote this way. Is it right? Maybe, maybe not. that is not the question.
I think this should stay, but i do not think it will be long until this comes into National rulings.
The Judicial and Legislative branches do indeed have the power to overturn laws passed by the people of states. Regardless of Popular Sovereignty, some laws that the people may come up with and pass may not be Constitutional and for the good of the many. This is why the Judicial and Legislative branches must be allowed to overturn the ruling of the people.
I agree with Travis, our democracy is based off of the people. If they vote one way, it shouldn't be overturned. That is just they way it is then.
I agree with Travis, we cant please everyone in our society so there is no point of overturning this issue because then some groups of people will be upset by the decision.
it should not be overturned because the people of California have voted and their voices have been heard. it was not overturned when Prop 8 did not pass so it shouldn't be overturned now that is has.
I agree with Trav.. we can't please everyone.. it should not be overturned.
Ben I challenge you on your comments. The question of homosexual marriage is not comparable to the civil rights movement. Stop comparing it to that. Everyone has the right to marriage but no one has the right to a same-sex marriage because it does not exist. A marriage has always been defined as a distinct union between a man and woman. It's not that homosexuals don't have the right to marry. They do have that right. They just have no right to marry another member of the same sex. This is not a question of whether or not rights are being withheld. They aren't. It's about something totally different. It's about the complete redefinition of marriage.
I am glad the people in california pulled through on this decision. and if the government would work to overturn this decision, they would be going against the fundamentals of our country. Whenever the people decide, the people should get what they want. When we talk about how blacks could not marry white women some years ago...that is not even the same issue. Men and men should not be in the same sentence.
I agree with the California people voting on amendment instead of the legislature just making a law, but what I don't understand is how the government of California is willing to disregard the decision of the people and pass a law that does not agree with what the people just decided.
I think gay marriage should not be against the law. I think that gays have a constitutional right to get married. I believe that if the government does not give them this right then it is a direct violation of the promises that our country has had from the beginning. My main argument inlays in the bill of rights with the Freedom of Religion and the separation of church and state. I believe that our when our government gives people the freedom of religion they need to honor that freedom if someone with no religion or a religion that is o.k. with gay marriage by not making it against the law. Now to address anyone who wants to argue with me from a religious perspective please don't waist your time since I probably agree with you, I do not think that homosexual activity is alright and I do believe it is a sin. However this is government and I am trying to keep my religious views apart from how I interprate the constitution.
So Bryan, if Gays have a constitutional right to marriage then where in the constitution is marriage a specified right? It's not. You can search all day for it but you won't find it.
Separation of religion and state is virtually impossible without totally abandoning every moral principle that our country relies on.
Our religions teach us that murder is bad. So according to your argument those who don't claim a religion or are atheists can just go out and have a hey-day with an assault rifle and we can't stop them because they don't have to follow our morals. That doesn't work does it?
hmm well if the people are truely the basis of our democracy then the exec or leg branches SHOULDN'T have that power, but that doesn't mean that they truely do not. Proposition 8 doesn't really matter to me because i don't have to worry about gay marriage. :)
Even nature itself, never mind religion, proves that homosexuality is perverted and wrong.
oh god. witman, why did you have to start this?!
I do not think the judicial or legislative branch should override the decision made by the people of the state. I do not think California's proposition 8 referendum vote should be over turned by the California state courts. They voted and made their decision, leave it at that.
as much as i do support gay marriage the people did vote and the people have the power. i do think that gays should have the right to marriage and have the benefits of marriage and maybe if they try again in a couple years there will be a change of mind in california or any other state. love is love.period. you cant help who you love. but prop. 8 should not be overturned unless the vote of the people in california goes in that direction. all i can say is that gays should keep fighting for what they deserve as everyone else would fight for it.
I do not think that the courts or legislation should over turn the peoples decisions unless it is unconstitutional. i believe prop 8 should be overturned because it is denying a group of people their rights. even if this situation is not in the constitution specifically. i think it is unconstitutional to deny these people their right to be married. Brad why do homosexuals not have the right to be married to each other. the definition you have said is from the bible. marriage is not necessarily a church thing. my parents were married in a courthouse by a judge. with powers invested by the state. not by god.
i believe in T-Rav's point of view, if that's is what the people want then it should be followed no matter who complains. If this government is what they say it is, a sovereign nation, then we have to follow the people's choice.
I am going to start out with Prop. 8 should be overturned. I fully support gay marriage. Now.. I was reading Brad's comments and I saw that he said gay marriage doesn't exist. If it doesn't exist, then how are men married to other men and women married to other women? How is it that the whole situation is even brought up in the first place? I believe the people of today are too narrow minded to grasp the fact that love doesn't have to be in the form of Woman and Man. As many people have said in the past and present.. Love Works In Mysterious Ways. Also, how is it perverted and wrong? A man and another man, woman and another woman, do the same things to each other as a man and a woman do when they are intimate. Even animals have signs of homosexuality in current times. I am sorry for this, but I believe that you and your biblical mind cannot expand to fit with the present times.
who are we to tell gays that what they are doing is wrong? nobody should have the power to tell a couple who to love or that their love for a same sex person is wrong. if heteros are allowed to be happy and marry so should homos
I think that the courts need to listen to the people because that is who they are governing. If the courts continue to ignore what the people want then we will no longer have popular sovereignty.
I think if the people do not want gay marriage to be legal, then the judicial and legislative branches do not have the power to override the decision, unless it proves to be unconstitutional.
Why is it not comparable? i see the comparison between the two. Our government is based on power to the people, but i still bring up where is the respect for the Minority?
Now on the deal of marriage.... meriam-webster.com defines marriage as 1 a (1): the state of being united to a person of the opposite sex as husband or wife in a consensual and contractual relationship recognized by law (2): the state of being united to a person of the same sex in a relationship like that of a traditional marriage
hmmm... The state of being united to a person of the SAME sex in a relationship like that of traditional MARRIAGE!
That seems to be a definition of marriage... an official dictionary definition that says homosexuals can be married. I think there is the capability of this being overturned in a high court. Like i said, this is not only a State issue and needs to be decided nationally.
Are the minorities rights being met?
I think there should never be gay marrige. But its the peoples choice.
If the decision is harmful to people it should be changed, but if it is not the government should not change it.
Again, Ben where in the constitution is someone given the right to marry? It's not in there. Just because a liberal dictionary definition says that marriage can be a gay union does not mean anything. It's still not marriage. Give them a civil union or whatever they want for legal protection. But don't call it marriage. It's not. Period.
The reason I say this is because once gay "marriage" is legal, Christian churches will be legally forced to perform gay "marriages" or be fined a heavy sum. A new legal persecution will soon be underway until we become like Canada, where pastors are hauled before human rights tribunals and condemned for crimes just for preaching the Biblical view of sexuality.
so brad let me get this straight.....you dont thing gay marriage should be legalized simply because a pastor would be forced to marry them. church is not the basis of everyones life. you dont have to be married in a church, a gay couple would want a happy joyful wedding just like anyone else so they wouldnt force any pastor or whatever to marry them due to the fact that it would make their wedding day less special...believe it or not there are pastors in the christian faith out there willing to marry a gay couple.
A pastor does NOT have to marry the couple. I know many people that have been married by a judge and such. Like I've said before.. Your Biblical mind cannot expand to fit the ever growing subjects of present times, Brad. You need to take a few steps back and look at it from another persons point of view before going off and saying that pastors will be FORCED to marry a gay couple. They will not be forced to do anything because you just can't force a person to do what they don't want to do. Different People = Different Actions = No one can control what they do.
well travis nailed this one on the head. i agree with him.
and brad stop arguing with ben.
The definition of popular sovereignty means letting the people be heard...and doing what the people want. So I along with others agree with Travis...if people's voices are truly the basis of our democracy, then Proposition 8 should not be overturned.
i agree with matt if it will help the contry then i believe we should but if it doesn't then i don't think we should... i believe that marrage should be between a man and a women and thats the way it should stay. i think the federal government should have the final decition on the subject though
I believe if the people have voted then that is final until they vote again. The few judges on the court system should not override the 36,000,000 that voted on an issue.
I dont think that it should be overturned. i dont think that a few people should overturn what millions of people voted for.
i agree with chelsie, i think that if that is what the people voted for why should the government overturn that, if we are truly a country that works with popular sovereignty then proposition 8 should not be overturned
I say they should over turn the decision of preposition 8, i think a man or women have the right to marry oppo sex or same sex, just because the people should have the right to what makes them happy. A book or a paper should not tell how a human being needs to live their life and what needs to happen to live their life. And if anybody comments back saying im dumb or wrong, i have the RIGHT to say whatever i want and i look down upon the people that take it seriously and offended what i think so just keep your mouth shut or yeah you know.
i dont think there is anything wrong with gay marrige
I agree with Travis, but I do agree with what Cali is doing and heaving the people vote. Because our democracy is base of the people, so the if the vote is one way or the other it should be what the people voted on.
I don't think that the courts should over turn the people's decisions. We have a limited government and popular sovereignty that have to do with how the government works for the people and can only do things the people give it to do. So in order to live by that, the courts may not over turn this decision.
popular sovereignty means the people have the power to what they want. So whatever the majority vote of the people is, that's what it should be...and it shouldn't really matter if you're a man wanting to be with a man. if 2 people love each other and want to be together let them! it's not like they're ruining your life or anything...
In a democracy where the decision is made by the people then the people must be listened to. The federal government cannot overturn a decision made by the people unless the decision they make is unconstitutional.
I think if the people have voted than the courts should not be allowed to override a decision made by the people. Same for California's proposition 8 if the people vote for the right of gays to get married than it should be accepted. If they vote for no gay marriage than that will be the decision.
I agree with Brennen! The people should get what they voted for. The government should not be able to override that decision, because that is the concept of limited government and popular sovereignty. Proposition 8 should not be able to be over turned, it should be whatever the people voted for.
I believe people should not be told who they can and cannot marry. Everyone deserves to be happy with their spouse regardless the gender.
no they shouldn't!... power is to the people and unless it is unconstitutional, the court has no right to override the legislation. i beleive that what the people want is what is right. popular sovereignty = power to the people
I beleive that if the people of California voted on the issue than whatever decision they made should be respected by the courts as long as the decision is not unconstitutional. I'm not going to comment on the gay marriage aspect of the matter, arguing is not in my agenda today.
I do not think that courts should over rule a statewide vote decision. Four Judges should not over rule what some 15 million people voted on.
I think that the peoples choice should not be overwritten no matter what. And if the people vote to allow gay marriage(and they will! Haha) in cali. then the government should respect the peoples choice.
I think that the peoples choice should not be overwritten no matter what. And if the people vote to allow gay marriage(and they will! Haha) in cali. then the government should respect the peoples choice.
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