Dan Olson, Published March 20 2012
There is nothing appalling about itI am appalled by Justin Tobin’s (Feb. 19 letter, “Appeals court ruling on Prop 8 appalling”) lack of knowledge of how the three branches of government work in the U.S. He is under the impression that majority rules and whatever the majority wants, the majority gets.
He conveniently forgets that the U.S. Constitution requires that all people are to be treated equally under the law, which means that the minority is protected from the majority.
For a quick civics lesson, according to the website whitehouse.gov, the “Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law and apply it to individual cases.” In short, the courts are there to ensure that laws passed, whether by the legislature or by vote, are constitutional.
I would like to know if Tobin even read the case the Prop 8 supporters put before the judge and the opinion the judge wrote when he handed down his decision. The Prop 8 supporters had absolutely no case. Even their witnesses at times agreed with the Prop 8 opponents. When the judge asked the lawyer for Prop 8 how allowing gay couples to marry threatens conventional unions, the lawyer acknowledged that he didn’t know. Wasn’t that their whole argument? The lawyer didn’t know what their whole case was about. Prop 8 supporters should ask for their money back from their lawyer.
An equally large body of social scientific research indicates that children thrive best with two parents, regardless of sex. Justin Tobin, have you bothered to look up studies that refute the French committee recommendation? Would it surprise you to learn that there are many (too many to list) that do refute your claim? Google search is a very powerful tool.
If you don’t want to have a same-sex marriage, don’t get one.