Thursday, July 11, 2013

Democracy, Will of the Majority Lost in Supreme Court's Prop. 8 Travesty

As I've said previously, this is the thing the bugs me most on the outcome of Perry v. Schwarzenegger.

At the letters to the editor at the Los Angeles Times, "Letters: Democracy and Prop. 8":
Re "Prop. 8 case all about strategy," July 7

The case that ended up overturning Proposition 8 may have been "all about strategy," but it certainly was not about democracy.

By a one-vote majority, the Supreme Court effectively refused to hear the case and a lower court decision stood. Thus the votes of 7 million Californians who supported Proposition 8 were thrown out — a blow to democracy.

The federal district court ruling was decided by Judge Vaughn R. Walker, a gay man who should have recused himself because of his bias. Here, one vote negated those of 7 million Californians.

Instead, there should have been another proposition, and the people could have voted again.

So, while strategy won out in Proposition 8's demise, democracy and the will of the majority lost.

Tony Hillbruner
San Gabriel