Why invoking majority absolutism isn't left-wing

Story of the day and all…:

In a major victory for gay rights advocates, a federal judge on Wednesday struck down a California ban on same-sex marriage.Chief U.S. District Judge Vaughn Walker ruled that the voter-approved ban, known as Proposition 8, violates due process and equal-protection rights under the U.S. Constitution.

The ruling met immediate criticism from Mormon and Catholic church leaders and cheers from gay-rights advocates.

“Moral disapproval alone is an improper basis on which to deny rights to gay men and lesbians. The evidence shows conclusively that Proposition 8 enacts, without reason, a private moral view that same-sex couples are inferior to opposite-sex couples,” Walker wrote.

The judge added in the conclusion of the 136-page opinion: “Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license.”

Majoritarianism doesn’t tend to have exceptions, at least by the folks that endorse it.  If they have 51% & you have 49, they win even if the winning vote is to boil the 49 in oil, strip their bones from the flesh, & make Sammiches with whatever can’t render down into soap.  I could use cheaper lunch meat, but soylent green ain’t my bag, ‘knaw’nsayin’?  In principle, I would much rather in the long run have a series of autonomous societies the likes of which largely ignore these kind of questions as inherently bullshit.  Failing that, the higher up they ask the sole reasonable question: “why the fuck you care???” — the better.  Even if you are the biggest fucking bible thumper on the face of the earth, you have no standing, that isn’t what we — or even YOU, if we wanna get snotty about it — live by.

I completely stand behind my previous hope, of a pro gay rights movement that openly asks “why the hell do you care?!?”  In principle, this should never have been an issue for the courts, as an arm of government.  But pragmatically speaking, the  way of least resistance is the closest to justice.  That is what matters, the rest is thumpery, that’s it.

The job of the courts is to overrule the majority when they shit in the punchbowl marked “individual liberty”.  If they don’t then and only then can they affirm it, within our assumed representative gov’t corporate owned regime.  Once you want to get to REAL control over individual rights, lemme know, because that part is inherently post-state.

I must say, to this day it is fucking hilarious how each side of the “mainstream” will act like the true protectors of liberty, meanwhile they lean on privilege to even get that far, and people are teetering on bankrupt.  That even in a place like California it takes “activist judges!!” to recognize that there’s no reasonable excuse to even give a shit about same sex couples, let alone command them to not marry, says a fuckton.  Your give-a-shit-o-meter is BROKEN, these are consenting adults, no reason whatsoever to be concerned!  Meanwhile, the priest that spew that nonsense are molesting your kids anyway.  Explain THAT shit to me, or stop voting.  I stopped back when I realize no political libertarian would bring up the elephant in the room — imperialism.  Thousands murdered overseas for seemingly nothing, but your ire gets up over those damn gheys.  Have fun being irrelevant.

+48 ounces, 8.1%.  Good night.


About b-psycho

Left-libertarian blogger & occasional musician.
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