The Tyranny of the Majority

[davidbcoe]

Two recent events have brought me back to my historical fascination with Constitutional history, and to my admiration for the foresight of at least some of the founders.

Specifically, I speak of the judicial ruling on gay marriage handed down by Judge Vaughn Walker, who struck down Proposition 8, the ban on gay marriage approved by California voters

Comments

[fireheart1974]

In both cases, the rights of a few are being trampled by what I believe to be the fear and intolerance of the many.

This is a great point. And probably, one of the reasons I still consider myself a "liberal." I don't think the constitutional founders ever had it in mind that any "majority" should be able to limit the rights of others. It's one of the things I've always beeen taught they opposed. And I don't think we should start now.

~T

[davidbcoe]

Thanks, T. I agree with you about the Founders. Tolerance lies at the very core of our system. Tolerance for different religions and opinions lay at the heart of the original version of the constitution. Racial tolerance came later. Hopefully tolerance of sexual orientation is on its way.

[sartorias]

We've seen the mistakes the will of the majority could make--such as the ban on alcohol. You're right that liberties should not be curtailed.

[davidbcoe]

Thanks for the comment, Sherwood.

[beatrizwench]

Thank you, David.

[davidbcoe]

My pleasure, Miz B.

[kateelliott]

[davidbcoe]

Thanks, Alis. For once, I actually do know what I'm talking about. It's unfamiliar ground....

[crazywritergirl]

Excellent post, David. I have been outraged by the self-righteous idiocy of the opponents to the Muslim center in NYC. As Keith Olbermann pointed out, there's a mosque four blocks from Ground Zero. It's been there since BEFORE the World Trade Center towers were built. So four blocks is okay and two isn't? One critic is claiming the existing (and abandoned) building is hallowed ground because one of the aircraft engines busted through its roof. HUH? I didn't realize there was going to be a a mall in the new Trade Center. Yeah, that's hallowed ground all right.

Every religious minority has had to put up with this crap. Muslims are the new Catholics, the new Jews. If we don't allow them the right to worship as they choose, open a center that will welcome all inside their doors, we've lost to the fanatics -- both the ones that are trying to destroy us and the ones that live among us.

[davidbcoe]

"Muslims are the new Catholics, the new Jews." Well put and an excellent point. Imagine if someone were to object to the construction of a church -- the same denomination as Timothy McVeigh's -- being constructed near the site of the OK City bombing. The right would be up in arms complaining about a cultural war against Christianity.