Kenneth Starr is right: the tyranny of the majority rules

[madmusic]

During the gay marriage argument before the California Supreme Court today, Kenneth Starr presented an eloquent and compelling argument. Given that the Right thinks the tyranny of the majority rules, I propose the following constitutional amendment.

"Any political party in the minority in the legislature must sit down and shut up. Any church that donates money to said minority party or to any member thereof forfeits its non-profit status and must pay back taxes since the inception of said church."

EDIT: 2 "r's" in Starr.

[Botany]

1. Ken Starr needs his ass kicked

I mean a good old fashioned butt spanking ... 7 years and 77 million for a blow job and
now this crap so the right wing has some group to hate.

[madmusic]

5. May uneducated prediction of how the court will rule

Prop 8 valid, marriages before Prop 8 remain valid due to the contract clause.

[Manifestor_of_Light]

6. Nope.

No ex post facto laws. No laws that make something retroactively illegal.

They can't pass Prop 8 and then make gay marriage retroactively illegal, with 19,000 valid marriages in CA.

They were talking about suspect classes, saying that sexual orientation is a suspect class. Sounds like they were on the right track near the end of arguments.

[Igel]

9. Poster #5 had that covered.

"marriages before Prop 8 remain valid due to the contract clause"

I think poster #5 is wrong, but not for your reason.

[Howler]

2. Go Madmusic! Go!!! N/T

N/T

[SidneyCarton]

3. Kenneth Starr is a fool, and his disregard for the Constitution is well documented.

[Captain Hilts]

4. Except when it comes to impeaching a president when a tiny minority rules. nt

[damntexdem]

7. That depends on the constitution in force -- in this case, California's.

And its constitution does respect the rights of minorities. We'll soon see how effectively.

[FudaFuda]

8. Aren't you advocating ...

that if an election is held, whichever side loses should just shut up and deal with the consequences?

[madmusic]

14. Yes

In California all the Republicans would have to shut-up and the Dems could pass any laws they want against them without debate. Any church that supported any Republican would lose its tax exempt status and owe back taxes.

[FudaFuda]

15. but an election was held on Prop 8

I guess at this point I'm unwillingly playing devil's advocate, but only for the purpose of pointing out the problem with your position. As for churches engaging in political activity, I agree 100%. But on the concept that the minority party, or the loser in an election, should just shut up and swallow the consequences ... sorry no. Like it or not, republicans still have the right to political dissent and the exercise of free speech. Just as opponents to the public's vote on Prop 8 have the right to petition the Calif. SupCt to strike down the law.

it cuts both ways.

[bamacrat]

10. Any church who donates money to ANY poltical cause should pay taxes.

The separation of church and state is not one way. Our government is not a religious gov't (I know I know, but you get what im saying) a churches beliefs or positions on issues should not only be kept with in the church they dont matter. They do not pay taxes, they take money from patrons and use that money yet pay no taxes therefore they should not get representation or a voice. Even if they were to pay taxes religion and government are so completely opposite in their goals they should not be allowed to mingle.

[dysfunctional press]

11. so- when the duly elected majority party makes rules, it's tyranny?

i thought that was "democracy"...:shrug:

[Winterblues]

12. Maybe if they voted to make slavery legal again and majority won.

Would you agree with it? Would that just be Democracy in action? That is why we have a Constitution. To Protect the People from the Tyranny of the Majority. Prop 8 is a very similar situation.

[GA_ArmyVet]

13. That is democracy. Mob Rule. that is precisely the reason

we have a constitutional Representative Republic, and the Electoral college, and the same number of Senators from all states regardless of how large or populous.

The USA is not and has never been a democracy.