Human Rights Should NOT Be Granted By the Whim of the Majority

If my legal rights to marry, adopt children and avoid discrimination at work were subject to a vote (the infamous "will of the people") every so often, I would be confident that they would be upheld because, as a straight man, those rights are agreed upon by a clear majority of the people. Even then, however, I would have to wonder what kind of justice is really being done if my basic rights were subject to a referendum.

I believe the answer is that it would not be true justice. Just look at when Jesus was crucified. Pontius Pilate, trying to wash his hands of making any decision, asked the mob outside which prisoner he should release, Jesus or Barabbas, a convicted murderer. The overwhelming majority of the crowd wanted Jesus crucified allowng Barabbas to go free.

Fortunately, that story had a happy ending DESPITE the will of the majority. LGBT people in most parts of the United States are not that fortunate, having to constantly fight for rights people like me take for granted. Those who oppose equality often cite "the will of the people." Even victories for equality are constantly challenged by right-wing zealots who just won't give up.

Unfortunately, the majority usually votes in its perceived self interest, which often includes insuring minorities don't enjoy the same legal rights or social status. Judges who see these miscarriages of justice and have the nerve to rule accordingly are scorned and labeled "activist judges" who "legislate from the bench."

Brenda and I strongly support full and completely equal rights for same-sex couples and oppose any and all efforts to codify discrimination in state constitutions.

Here is a piece written by Lisa Neff on 365gay.com who shares her frustration in watching basic human rights put up for a vote.

A search for progressive issues on ballots finds too few across the country — and the interests seem more with protecting domestic animals than people. There is a real possibility that in California, the vote will be to ban gays and lesbians from marrying and another vote will require a more humane treatment of pregnant pigs, calves and hens by mandating a minimum living space.

Please, don’t get me wrong — I support the animal rights matter, known as Proposition 2. I just wish I could count on more support for humane treatment of people.