Iowa justices vote for justice!

  

The justices of the Iowa Supreme Court voted unanimously that gay marriage is constitutional. Having been born and raised in Iowa, I am surprised and delighted... surprised because I suspect that decision is not the choice of the people of Iowa, and delighted because it is a victory of human rights over majority opinion. Perhaps I underestimate the sense of justice of Iowa citizens, but the issue of gay marriage should not be a matter of opinion, but must be, and has been, decided on the basis of equality of human rights.

Majority opinion must never be allowed to take precedence over constitutionally sound and equal rights for all citizens. For many years, I have, as have most libertarians, pressed the position that gay citizens deserve, without question, EQUAL rights... not special rights as gays have sometimes pushed for, but absolutely equal rights under the law. Conservatives who on one hand claim to be constitutionalists while pushing to exclude equality to gays with the other hand, are simply wrong; constituionally wrong, and morally wrong.

One of the bedrock functions of government is to protect minorities against persecution by a majority. As libertarians often remind, the United States is not a democracy, but a constitutional republic. A democracy means majority rule and minorities be damned... i.e. mob rule. The Founders of this nation despised democracy. Most of our immigrant ancestors came here to avoid persecution for their minority views. All too often, our vote-hungry major political parties cater to majority viewpoints at the expense of minorities and the Constitution.

Congressional representatives often claim that their votes reflect the wishes of their constituents, the voters of their state. They seem to be ignorant of the fact that their first duty, as sworn in their oath of office, is to first determine the consitutionality of an issue, before ever considering the wishes of the public.

I favor referendum as a way for the people to press their positions, but the fact remains that a majority of the people can be wrong, and can, out of ignorance or emotion, oppress those minorities they disagree with. It is the job of the courts to correct when and if that occurs, but it is also the job of our elected officials... each and every one of them.

I cannot fail to add that if government did not convey special privileges on "married couples", gay marriage would not be an issue to begin with. As an unmarried person, I, like gays, resent the inequality of government interference in a social activity that is none of their business in the first place.

That the Iowa Supreme Court justices, without exception, voted to equalize a set of rights, is a pure delight, and I sincerely commend them.