Proposition 8 Struck Down, For The Time Being

By now I’m sure you all know that Proposition 8 was struck down by a federal judge. Who knows what will happen on appeal. There is much to be said, but I want to focus on one narrow and possibly tangential point. This phrase from the judge’s ruling, a phrase being reposted on facebook in many statuses:

“A private moral view that Same-sex couples are inferior to opposite-sex couples is not a proper basis for legislation.”

The absurdity of that sentence really struck me. There was nothing “private” about the view of the “superiority” of hetereosexual couples. It has been carried on through generations of communities and in the present day was represented by 52% of Californians. How a popular decision that represented thousands of years of ethical thinking and concern for the family became a private morality is baffling.

More troubling is the implication of the judge that a “moral view” is not a proper basis for legislation. Since when has this been the case? Our laws on pedophilia, minimum wage, health care, torture, human rights, etc. are based at least on part on “moral views,” views that in some respects may be just as if not more private than the ones the judge rejects today.

If morality is not a basis for legislation, what on earth is? Morality guides us in making decisions; without a moral or ethical compass (or perhaps even without a religious one) there is no basis for legislation to be made. Laws are supposed to help make society run better, but there is no way to make society run better unless you have a notion of what a “better society” looks like, and you don’t get to that notion without morality.

State recognition of homosexual marriage is one thing, but this ruling attacks the foundation of our government. Morality must have a place in the public sphere and must be one of the foremost foundations of legislation.

To be sure, the judge is simply smoke-screening for the fact that he is imposing his own standards of morality. But the fact that his statement rejecting a moral basis for legislation is being so celebrated should worry all Americans.

6 Responses to Proposition 8 Struck Down, For The Time Being

  • Bear says:

    I heard several commentators on the radio using this language today. We need to put a stop to this “inferior” vs. “superior” language altogether. It is irrelevant to the question at hand and just pulls on the emotional strings of those on the fence who are concerned about “equality.”

    Gay marriages are not some form of marriage which we think is an “inferior form” to the “superior form” between heterosexuals. Gay marriage quite simply isn’t a “form” of marriage at all. It doesn’t exist. To let the pro-gay-marriage crowd frame it in these emotional, egalatarian-based terms is to get off track and play into their hands.

  • Bear says:

    From the ruling:

    “Race and gender restrictions shaped marriage during eras of race and gender inequality, but such restrictions were never part of the historical core of the institution of marriage….. Gender no longer forms an essential part of marriage…”

    This passage from the ruling is the real core of this debate. Gender historically had and currently has nothing to do with the core of marriage? What an astonishingly bold and bald lie. That’s the level of unreality we are up against.

  • j. christian says:

    This is stupidity on afterburner. I’m actually ashamed of our judicial system; these judges are a joke. Between this and the “sweet mystery of life” passage, the rule of law is effectively dead. Pack up and go home.

    I suggest as a form of mass civil disobedience that all Christians commit a petty crime and use this decision and Casey as a defense. “The heart of liberty is to define one’s own concept of existence, and morality is no basis for legislation.” Our robed masters said so.

    There is no such thing as law free from morality; there is no metaphysically neutral politics. I have no sense for what greater good this progressive-liberal culture is aiming; what is its summum bonum? At least with Christianity, one knows where one stands. But where will this nonsense end? What moral outrage will we be forced to accept next year and the year after that?

    Not that I would do it, but I’m sort of starting to see why people burn American flags. I’m disgusted by this.

  • Tony says:

    Given that the Dems control the Senate, is there any point to pushing for a removal from office of this judge? At this time the push would lose. Would that losing effort help or hurt the larger cultural war?

  • c matt says:

    Depends on how strong a push you could mount. If anything, it should make those Senators up for re-election nervous to see the natives restless.

    The best push would be to push some of those Senators out (although I heard this guy was a Republican appointee).

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