It
appears to me that we are embarking on a new, and frightening, way of
governance in this country. It is governance by judicial fiat. Increasingly, the
right of mere citizens to express themselves on moral issues is being stripped
from them. U.S. District Judge Terrence Kern struck down Oklahoma’s constitutional
amendment defining marriage as between a man and a woman, stating in his
decision that the amendment is based merely on “moral disapproval” of same sex
marriages and thus, in his opinion, stands in violation of the U.S.
constitution. A state constitutional amendment passed by an overwhelming
majority of Oklahoma voters in 2004 has just been negated by the decision of
one man.
Are
Oklahomans really “arbitrary” and “irrational” in their position on gay
marriage? That is exactly what Judge
Kern accused them of. From his lofty perch, high above the close-mindedness of
the unwashed masses, he has been empowered to, dare I use the word
“arbitrarily”, reverse the will of the people based upon his own, obviously
superior in his opinion, moral view. One man, appointed, not elected to his
position, is able to reverse the will expressed by seventy six percent of the
voters of Oklahoma in 2004.
This
kind of judicial tyranny is now being suffered all over the country. Less than
a month ago, a U.S. District Court Judge in Utah rendered a similar decision
there, effectively negating the moral voice of Utah voters. Millions of votes
are being reversed by the decisions of a very elite few. Seriously, I’m
beginning to wonder why any of us should bother to vote on moral issues. Why not just let the judges in their infinite
moral wisdom dictate to the unwashed masses what our moral stance will be?
Because, in essence, that is exactly what is happening. The voice of the people
is, with alarming frequency, being rendered absolutely irrelevant.
Personally,
I take umbrage at being labelled arbitrary and irrational. I really don’t
believe I, and a majority of my fellow citizens, necessarily fall into those
categories because our moral stance is different from that of some judge. I
also believe I, and many of my fellow citizens here in Oklahoma, have a right
to express moral disapproval of same sex marriage. At least, I used to believe
I did. I’m not so sure any more… Apparently, I need to ask a Federal judge to
tell me how I should feel about that.
Dan
Rouse
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