Who Should Decide?

On November 6th, registered voters in Washington State get to decide whether some of their fellow citizens get to enjoy equal rights. I’m referring to the vote on Referendum 74, a measure which seeks to overturn the legalization of  same sex marriage that passed the Washington State Legislature. Isn’t it simply amazing that the rights of individuals are subject to the vote of the majority? I must have failed my basic civics class back at Seattle Prep in the ‘60’s. Actually, we didn’t have civics at Prep, but it just seems so odd to me that some people get to vote on the rights of others. This doesn’t seem like the type of thing that should be decided by popular vote, does it? 

A person may or may not believe that individuals of the same sex should be allowed to marry. Personal opinion isn’t the issue. The issue is that citizens are voting on whether a specific right should be granted to other citizens. How is this a matter of  popular vote? Isn’t this a matter for  the courts to decide? It is either Constitutional  or not Constitutional that same sex couples be allowed to legally marry. How is it that a person can vote to grant this right or another person vote to withhold this right, regardless of their reasons for doing so? One citizen should not have the ability to determine the rights of another.

There is a precedent for insisting that the issue of same sex marriage be decided by the courts. As recently as 1967, 16 states had laws preventing blacks from marrying whites. That is the year that the ironically titled case, “Loving vs. Virginia”  was brought before the Supreme Court. Richard Loving was a white man and his wife, Mildred, was black. They were married and living in the state of Virginia. In the early morning hours of July 11th, 1959, authorities entered their home, specifically their bedroom , arrested them, charged them and convicted them of a felony based on their marriage. In 1967, the Supreme Court overturned their convictions and additionally, prohibited states from passing laws that prohibited interracial marriage. The Court decided that prohibiting interracial marriage violated the Equal Protection Clause of the 14th Amendment, language that guarantees equal rights to citizens. It is this very same clause which today is being used to determine if the ban on same sex marriage is constitutional.

This is a decision that must be made by the courts. This isn’t a matter to be decided by citizens. Imagine having your rights determined by popular vote. It is interesting to consider this fact:  in 1967, the year that interracial marriage bans were struck down,72% of Americans opposed interracial marriage. Forty eight percent believed in should be prosecuted as a criminal act. Fortunately, it was not an issue left to popular vote, just as same sex marriage should not be. It is demeaning and unjust to an individual to have his rights decided by another.