Majority Tyranny , Equal Protection & taking on the "Fanatic Fifth."

When the California Supreme Court originally decided that a ban on Same Sex Marriage was unconstitutional, I was of course overjoyed. But something about the ruling today in San Francisco is even sweeter. I guess it's true when they say you don't really appreciate something until it's taken away from you. Enjoying equality for those few months in '08 was great. But then feeling the sting of Prop 8 for the last two years, the setbacks, the rallies, the lobbying, and now once again feeling somewhat less of a second class citizen than I did yesterday.

What's even more incredible, this time around it wasn't a California Supreme Court ruling on gay marriage, it was a Federal judge ruling on the Federal Constitution. The lawyers arguing against Prop 8 - two high profile attorneys who once argued in the Federal Supreme Court (Bush v. Gore) - one, a liberal democrat, and one a conservative republican, decided to take this case on together. Decided to take this case all the way to the Supreme Court of the United States because they knew that this was a matter of Civil Rights. In their own words today, "it's time to stop thinking about equality as a liberal or conservative matter." While the fight is far from over, today was a good day for gays and lesbians and a good day for the country.

We should be proud to live in a country that fights for the right of minorities. We should be proud to live in a country that fights against Majority Tyranny. 51% of the country shouldn't have the right to decide the equal or civil rights of 49% of the country. This is a philosophy that Republicans used to stand for. Well, in the case of the Filibuster, I guess that they still do.

All major pieces of legislation or court case rulings protecting minorities have been at the time, not favorable in the majority public opinion. Certainly freeing the slaves wasn't exactly popular at the time it was done, woman's rights, voter rights, housing rights, civil rights, Brown v. Board of Education, etc. These protected classes never would have won their liberties at the ballot box and gays and lesbians certainly shouldn't have to either.

It's very interesting that at the same time that this ruling happened, we are also starting to see major conversation within political parties about the 14th Amendment.
Why am i writing about this in a Gay Marriage post? I think that the judges ruling today once again solidifies the importance of a system that protects minority rights from public opinion and it is a good day for our country, not just gays and lesbians.

The Right Wing is talking seriously about taking down the 14th Amendment in an effort to combat illegal immigration. Of course they could just go after employers - after all, that's what is bringing them here - but no. They have something far more sinister planned.

You see, the 14th Amendment is among other things, the entire basis for a "birthright citizenship." Meaning, if you are born in the United States, you are an American Citizen, who enjoys all the rights and civil liberties that are part of that.

The framers of the 14th Amendment were wise in incorporating the Birthright Citizenship language in the Constitution. It was only 10 years earlier in the Dred Scott v. Sandford decision that stated blacks could not be American Citizens. This was a very popular, common held belief in the country during this time. Even though it was popular opinion, it was still wrong. Just like a ban on gay marriage is wrong.
They knew that public opinion and majority political parties change from time to time and no one should have to pander to a majority opinion as to whether or not they should be citizens in this country. It's Due Process clause was the mechanism that made the Bill of Rights applicable to the States and it's Equal Protection clause was the basis for most of Brown v. Board of Education.
The 14th Amendment is paramount to this country and our civil rights. The Right Wingers - seemingly always on the wrong side of social progress and equal rights want to take down the Amendment and it's madness.
Even Lou freaking Dobbs is way opposed to this nonsense. Lou Dobbs has basically been the leader of the Illegal Immigration Discussion in America for decades. And he has spoken out against this Tea Bag craziness. Right Wingers used to be Constitutionalists and now they are being held hostage by their fringe group.

We seem to be living in very exciting times in some regards; the election of the first African American President, the first Female Speaker of the House, a National Healthcare System and on the cusp of ending DODT. And then we have the "Fanatic Fifth." The some 20% of this country who would if they could - model the United States after the Republic of Iran, but instead of a State Religion of Islam, it'd be Christian Tyranny.

The point of this rather erratic post lacking much of a cohesive message is basically, Minority Rights must be protected and not put up for a vote against the current majority party or majority opinion. That is what is so great about this country. "Life, liberty, and the pursuit of happiness," for ALL Americans.