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CASSC: Wrong Way to Go.

In all honesty, it doesn’t surprise me very much to see the California State Supreme Court ruling the way it did on homosexual marriage, the other day. While correct in terms of the legal precedent involved over the last several years, it strikes me that this ruling was the culmination of leftist activism on several levels.

No, hear me out, here.

It’s the kind of governmental activism that we’ve seen on the national level for generations now, where the Supreme Court is obligated by its desire to achieve a particular outcome to magically find rights guaranteed within a document written by people who had no such intention. The Constitution of the State of California is a document many times the size of its federal counterpart.  One might therefore fairly expect that it wouldn’t take the California State Supreme Court nearly as long to achieve a particular outcome with such a massive document at their disposal. The only right, as a matter of fact, that one will never find in such a document is the right to not have half your income taken by the state in taxes.

Do not misunderstand me; I do not suggest that the ruling of the other day of itself was activism.  It is simply the culmination of many decades of activism, which left the state supreme court in California no place else to go in terms of precedent.

California state supreme court [1] When the state Constitution was written, and for that matter.  Its federal counterpart as well, homosexuality was considered an aberration.  The assumption about such matters has historically been that of the culture, which is to say, a marriage is a man and a woman. And again, I point up that the primary task of any government that wants to survive very long is the support of the culture that gave it life.  Thus any rights found in either text to the end of allowing and legitimizing homosexual behavior, is invented by the courts, not written into the respective constitutions.

So, this leaves us in a situation where here again, we have the state and federal governments attempting to alter the culture by means of law and government, instead of their primary task of upholding it.

You say what you will about it, but at this juncture I make no statements either way about whether or not this law is well-intentioned.  Further, I make no statements about homosexual behavior per se’. That, for another time.  I merely state it is a bad law, a bad ruling, and the wrong way to go.

For the purpose of backing my statements, here, allow a comparison.  There has been an awful lot over the last several years of people comparing the situation surrounding homosexual marriage, to the situation surrounding slavery, and minority rights, et cetera.  Fine, let’s do that.

Following the civil war, and right up to today, there was a great deal in the way of well-intentioned effort to bring the black man and woman and child up to the level of everyone else in the society, by means of governmental fiat.  Thing is laws, are easy to make.  Minds, however, are not so easy to change.  That, dear reader, is where the battle ground lies.

Bruce Hornsby once wrote,

Well they passed a law in 64
To give those who aint got a little more
But it only goes so far
Because the law can’t change anothers mind
When all it sees at the hiring time
Is the line on the color bar

What I am suggesting here, is that those well-intentioned efforts by government and those so totally dependent on law have bypassed the real responsibility, which is to change minds.  As a result, we have had the last 150 years of racial turmoil and separation. Had the concentration of effort been, rather, on changing minds on the subject, as opposed to forcing compliance by means of law, I suggest we would’ve avoided that 150 years worth of turmoil.  It might have taken us a little longer to get to that stage, but the results would have been far better, and complete, and their condition as a group would be far better.

Have Homosexuals just opened themselves up for a similar experience? I think they have. Instead of changing minds, they shortcut the process by involving government.  That’s not going to overcome the culture… and of the two, they will find, as other minorities have, that culture is by far the larger battle.