Gay Marriage: For the people, by the people

Right now, if you are a Republican, then one of the biggest social issues that we continue to face is the legality of gay marriage. I have made no secret that I am pro-legalization, and I see a lot of great Republican and conservative writers and leaders coming out as not being in opposition to it. In fact, Noah Rothman over at HotAir admits “That fight is over.”

Not opposing gay marriage is not the same thing as supporting it, but this latest CNN survey indicates that positive support for the right of gay marriage is also on the rise. At least, it is nationally. When even those political figures who support conservatives, like Sen. Ted Cruz (R-TX), are proposing (too late) to get the federal government out of the marriage business rather than to oppose gay marriage via the constitutional amendment process, it is safe to assume that support for same-sex marriage is no longer controversial.

Now, one of the interesting points is that whites mostly support gay marriage, while the Latino and Black communities still largely oppose it. Culturally, it makes sense – those are the two communities with deep roots in Christian beliefs. Socially speaking, it would be a bigger coup for the gay marriage lobby if they could at least make it a dead heat in those communities.

But, I do have a problem with the country’s trend toward the legalization of gay marriage, and this is where a lot of the folks on the Right draw the line: judicial legalization.

You see, the gay lobby has aggressively been going after Christian businesses in order to force them to provide services that directly contradict the business owner’s religious beliefs and business practices. Erick Erickson over at RedState has documented those cases repeatedly. Meanwhile, more and more state courts are being filled with lawsuits on the subject, and judges are declaring gay marriage the law of the land, despite what the people in the state actually want. The famous Proposition 8 case in California saw judges directly overturn a ballot-initiative – they overruled the public’s vote.

That is the problem. Non-legislative entities, these courts, are being used to write and pass laws as an end-run around the actual legislative bodies that were created to do so. It is not the job of the courts to create law, but to see that they are constitutional and that they are followed. In taking up their own briefs and making them legislation, the courts are getting rid of one of the three branches of government that the United States as a whole and the states individually set up.

There is a separation of power for a reason, and if it can be done in this case, what would happen if it were done in a way that the folks who are pushing for gay marriage now don’t like? Will they realize they’ve opened up a terribly dangerous door?

Society is changing in its opinions toward gay marriage, but not quickly enough for some. They are expediting the process in a dangerous way, and the results could be far more dangerous than they expect. It’s worth keeping in mind.

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