One-by-one, in state after state, the force of the Federal Courts’ determination to uphold the US Constitution’s “equal protection” clause, has toppled laws banning same-sex marriage. And this trend has now moved into some of the most conservative of venues, Texas being the latest example.
The blow-back from the right has been altogether predictable; i.e. it’s a “violation of the will of the people”, “what happened to our state’s rights”, more “activism” from judges “legislating from the bench”, and of course “we’ll appeal”.
You have to love the irony in all these laments and rants, coming as they do from a large swath of our populace who profess to being great defenders of the Constitution. If only they took the time to read it. If only they opened their minds to an understanding of how it is the responsibility of the federal government to make sure that everyone’s rights are protected; that states’ rights do not allow for discrimination no matter how large the majority in any state might want it.
As has been referenced at this site in previous blogs, it was James Madison, one the most prominent of our Founding Fathers, who warned against a “tyranny of the majority” who would impose their will on minorities in direct violation of the Constitution’s “equal protection” clause. Indeed, that very clause exists to protect minorities from just such “tyranny”.
Every discriminatory law that is struck down moves us closer to that “more perfect union” that our founders envisioned where we all are equal under the law, with no exceptions based on race, creed or gender-preference.