When Courts Overturn “The Will Of The People”

Jim Burroway

August 6th, 2010

I love BTB readers. Yes, courts really can overturn “the will of the people as expressed at the ballot box” when the will of the people is discriminatory:

An interesting historical perspective was found at the Washington Blade contributed by poster Nameless Cynic:

Almost 50 years ago, the California Legislature passed the Rumford Fair Housing Act, which banned discrimination against “colored” renters or buyers. About 2/3 of California voters overturned the Rumford Act when they passed Proposition 14, which, like Proposition 8, amended the California Constitution, this time to say that Californians could refuse to sell or rent to anyone for any reason. Eventually, the Supreme Court ruled that Proposition 14 violated the 14th Amendment, and it didn’t matter if 100% of Californians had voted for it — it was discrimination, and unconstitutional.

Yup. Here’s some background on what led to the Rumford Fair Housing Act to begin with, and you can read up on Prop 14 here. Time Magazine published this article about Prop 14 in 1964. Reitman v. Mulkey established the legal precedent that states could remove a constitutional amendment, even if it were passed by a popular vote, if the amendment supported racial discrimination.

[If someone has the Blade link, please pass it along in the comments so we can give credit where it’s due. Thanks.]

S. Wheeler

August 6th, 2010

No but you see, racism is TOTALLY different and the courts were right to overturn THAT voter initiative because it’s wrong. Unlike this one which is different because it targets sexual orientation instead of skin color.

That totally makes it completely different, you see.

jOHN

August 6th, 2010

Makes it different… it is still discriminatory…

Mark F.

August 6th, 2010

Well, it’s stupid to say the courts can’t overturn the will of the people, but one can disagree with their decisions. Not all law is good law.

TampaZeke

August 6th, 2010

If judges and the courts aren’t supposed to interpret law and determine the constitutionality of laws then what exactly is their purpose?

gayatheist

August 6th, 2010

It seems a vast number of Americans don’t realize that one of the main roles of the Judicial branch of the Government is to protect the various minorties from the majority – it’s one of the primary FUNCTIONS of the Judiciary branch, so to call the exercizing of that Constitutional power “activist” is simply ignorant.

Greg

August 6th, 2010

@TampaZeke “If judges and the courts aren’t supposed to interpret law and determine the constitutionality of laws then what exactly is their purpose?”

I can only guess that conservatives think the only purpose is to protect the majority from the minority. They can do that by sending the minority members to jail or by issuing massive fines and damages to people who intrude on the privilege of the majority.

Sadly, as a business student, I’ve met a number of these people.

Oh, and also to strike down RomneyCare–I mean ObamaCare. Because that’s a bad law they don’t like.

Dave in Northridge

August 6th, 2010

Here’s the link, only it’s not from the Blade, it’s from Patt Morrison at the Los Angeles Times, whose column (this is the last paragraph) the Blade commentator pasted from: http://opinion.latimes.com/opinionla/2010/08/proposition-8-judge-walker-and-our-short-memories.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+OpinionLa+%28L.A.+Times+-+Opinion+Blog%29

Discrimination is discrimination, and I think even this Supreme Court can understand that. By the way, the decision on Reitman v Mulkey, the case described above, was 5-4.

Matt

August 6th, 2010

Very nice article, should give the pro-overturning side a little extra ammo.

John Doucette

August 7th, 2010

Recent polls seems to suggest that the will of the people, at least in Cal., has changed somewhat since the vote on Prop 8.
In part, I think, because people realized that the big money from outside Cal. paid for a bunch of lies and distortions on the issue. People were hoodwinked into voting for what the Catholic and Morman churches wanted. It is only the judges’ job to try and correct things like this.

Lymis

August 8th, 2010

“Recent polls seems to suggest that the will of the people, at least in Cal., has changed somewhat since the vote on Prop 8.”

That doesn’t matter. The only thing that matters is the will of the RIGHT people. The others don’t count.

I mean, come on, the other people are the ones who think gay people should have legal rights. You’re going to trust people like that to have legal power?

nameless cynic

August 13th, 2010

Yeah, it’s true. I cut-and-pasted that. I googled (I think it was) “california fair housing act” and that was the most succinct description I found. What? I’m supposed to reinvent the wheel every time?

Curse you, Dave in Northridge! Can’t you let me bask in my stolen glory for five minutes?

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required)
(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.

 

Latest Posts

The Things You Learn from the Internet

"The Intel On This Wasn't 100 Percent"

From Fake News To Real Bullets: This Is The New Normal

NC Gov McCrory Throws In The Towel

Colorado Store Manager Verbally Attacks "Faggot That Voted For Hillary" In Front of 4-Year-Old Son

Associated Press Updates "Alt-Right" Usage Guide

A Challenge for Blue Bubble Democrats

Baptist Churches in Dallas, Austin Expelled Over LGBT-Affirming Stance

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.