Home
In this issue

July 2, 2009

Rabbi Abraham J. Twerski: The hallmark of a person

Abe Novick: Up, up, and aliya

July 1, 2009

Rabbi Avi Shafran: The Road Taken

The Kosher Gourmet by Marialisa Calta: Get into the holiday spirit with these Star-Spangled desserts

June 30, 2009

Rabbi Binyomin Ginsberg: What makes a great parent?

Caroline B. Glick: Ideologue-in-Chief

June 29, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Beware of 'Caveat Emptor'

Steven Emerson: ACLU pushing for more money for Hamas

June 26, 2009

Rabbi Yoni Posnick: Learn the secret to a healthy marriage from a scriptural villain

Caroline B. Glick: Barack Obama vs. International Law

June 25, 2009

Rabbi Shimon Apisdorf: The Absurd Power of Truth

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 24, 2009

Rabbi Yonason Goldson: Advancement of technology is a wake-up call for humanity

The Kosher Gourmet by Andrea Weigl: Summer on a stick: Making frozen treats can be easy, creative and fun

June 23, 2009

Martin M. Bodek: 'On Surnames': And so, We Begin

Caroline B. Glick: The Obama Effect

June 22, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Working for a corrupt firm

N. Richard Greenfield : Where are American Jews?

June 19, 2009

Rabbi Abraham J. Twerski: Emotion v. intellect

Caroline B. Glick: Israel's rare opportunity

June 18, 2009

Jonathan Rosenblum: Sometimes it is more essential to define the nature of evil than good

Jordan "Gorf" Gorfinkle's strip: Everything's Relative

June 17, 2009

Rabbi Yonason Goldson: The Language of Confusion

The Kosher Gourmet by Linda Gassenheimer: Nothing pleases Dad more than a thick, juicy onion-smothered steak. Add home-Baked Potato Chips and …

June 16, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Career v. Careersism

Caroline B. Glick: Obama's losing streak and Israel

Richard Z. Chesnoff: ‘Palestinians’: Never Missing an Opportunity …

June 15, 2009

Israeli Prime Minister Binyamin Netanyahu: How Judea and Samaria can become 'Palestine'

Daniel Pipes: Where Netanyahu's speech failed

June 12, 2009

Rabbi Abraham J. Twerski: Some big thoughts about not acting so big

Caroline B. Glick: Obama's High Commissioner

June 11, 2009

Victor Davis Hanson: Our historically challenged President

Mitch Albom: Beware the True Believers

Lewis Grossberger: What we learn from the new Hitler photos

June 10, 2009

Mort Zuckerman: What Obama and his advisors won't -- or refuse to -- grasp about Israel and the Muslim world

The Kosher Gourmet by Steve Petusevsky Lotsa pasta: Tips, techniques and (amazing) taste

June 9, 2009

Anne Bayefsky: Obama's stunning offense to Israel and the Jewish people

Frank J. Gaffney, Jr.: America's first Muslim president?

June 8, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Merchant must take responsibility for careless shopper?

Mark Steyn: A superpower that feeds on mediocrity cannot survive for long on leftovers from the past

Richard Z. Chesnoff: How do you say 'kumbaya' in Arabic?

June 5, 2009

Rabbi Abraham J. Twerski: In quest of spirituality

Caroline B. Glick: Obama's Arabian dreams

Charles Krauthammer: The Settlements Myth

June 4, 2009

Paul Greenberg: The War Comes to Little Rock

The Kosher Gourmet by Judy Hevrdejs: Splash it on! Tap your inner jazz musician and improvise when stirring up a vinaigrette

June 3, 2009

The Jewish Ethicist by Rabbi Dr. Asher Meir: Q. Should terrible teacher be exposed?

Jonathan Rosenblum: The Israel Lobby: Missing in Action

June 2, 2009

Dennis Prager: The Speech President Obama Won't Dare Give in Egypt

Frank J. Gaffney, Jr.: Pressure on Israel raises war risk

Oct. 29, 2003
Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review Nov. 16, 2006 / 25 Mar-Cheshvan 5767

Democracy and same-sex marriage

By Jeff Jacoby

Jeff Jacoby
Printer Friendly Version
Email this article


http://www.JewishWorldReview.com | Matt Foreman, the executive director of the National Gay and Lesbian Task Force, was celebrating Arizona's defeat of a proposed constitutional amendment defining marriage as the union of a man and a woman.


"It is always wrong to put basic rights up for a popular vote," he said, "and it is nearly impossible for any minority to protect itself when that happens. But today in Arizona the impossible happened."


Constitutional democracy is incompatible with the rights of minorities? That would have come as news to champions of American liberty from John Adams to Martin Luther King. They would have been even more taken aback, to use no stronger term, by the suggestion that there is a "basic right" to homosexual marriage, something American law has never permitted.


Once, Americans who considered themselves progressive had faith in the collective wisdom of the citizenry and fought to extend the franchise to more people (e.g., women) and more decisions (e.g., the election of US senators). Their democratic confidence reflected a civic conviction as old as American independence itself -- that "governments are instituted among men, deriving their just powers from the consent of the governed."


But don't talk to advocates of same-sex marriage about the consent of the governed. They appear to regard democracy as a snare to be avoided. Hence their preference for securing gay marriage by judicial command, as in Massachusetts and New Jersey. And hence their aversion to letting voters decide whether the definition of marriage should be changed.


"History is replete with examples of advances in civil rights that would not have been tolerated had they been put to a popular vote," wrote Kathleen O'Connor, president of the Women's Bar Association, about the petition by 170,000 Massachusetts voters for a constitutional amendment defining marriage. "If our Bill of Rights were today submitted for voter approval, it would be defeated as too radical."


Even more scornful of democracy was the Berkshire Eagle. "If civil rights were a matter for the ballot box," the largest newspaper in western Massachusetts editorialized on Nov. 8, "blacks would undoubtedly still be drinking from separate water coolers and riding in the back of buses." When the Massachusetts Legislature corruptly avoided voting on the petitioners' amendment, ducking the vote required by the state constitution, the paper cheered its lawlessness. "Civil rights should never be determined by a majority of voters," it declared. "Ballot questions are blunt instruments, lacking the delicacy of legislation."


It is hard to say which is sadder: the contempt for ordinary Americans that such comments reflect, or the ignorance of American history underlying them.


To begin with, it wasn't through "blunt" ballot measures that Southern buses and water fountains were segregated. It took the "delicacy of legislation" to write something so abominable into law.


Nor was it by means of a judicial bolt from the blue that segregation was finally crushed. It was through the passage of the Civil Rights Act of 1964 -- a legislative milestone that would never have been reached if not for the fact that a majority of white Americans supported it.


To be sure, there were court cases, such as Brown v. Board of Education, that played a role in extending civil rights to citizens of every race. But those rulings didn't conjure newfangled "rights" out of thin air. They restored rights that had been created democratically and were already supposed to be the law of the land. The 14th Amendment -- approved by Congress and ratified by three-fourths of the states in 1868 -- had guaranteed equality and due process to blacks and whites alike. The Civil Rights Act of 1875 had barred discrimination in public accommodations. But the Supreme Court had gutted those protections -- for example in 1896, when it authorized streetcar segregation in Plessy v. Ferguson. It wasn't democracy that failed black Americans during the long decades of Jim Crow. It was a judiciary unwilling to protect the equality that the democratic process had guaranteed.


The republican form of government to which all Americans are entitled makes them the source of the constitution(s) under which they live. The only valid civil rights are those that have the consent of the governed. Their legitimacy comes from the democratic process, not from judicial fiat or political correctness.


"I know no safe depository of the ultimate powers of the society but the people themselves," Thomas Jefferson said, "and if we think them not enlightened enough to exercise their control with wholesome discretion, the remedy is not to take it from them, but to inform their discretion." Same-sex marriage will never be a civil right until the people in their discretion make it one.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Jeff Jacoby is a Boston Globe columnist. Comment by clicking here.

Jeff Jacoby Archives

© 2006, Boston Globe

Insight (Our Columnists)

 Mitch Albom
 Michael Barone
  Dave Barry
 Tony Blankley
 Andy Borowitz
 David Broder
 Stratfor Briefing
 Mona Charen
 Linda Chavez
 Ann Coulter
 Greg Crosby
 Rod Dreher
 Larry Elder
 Suzanne Fields
 John Fund
 Frank J. Gaffney
 Lloyd Garver
 Jonah Goldberg
 Julia Gorin
 Jonathan Gurwitz
 Paul Greenberg
 Lewis Grossberger
 Victor Davis Hanson
 Betsy Hart
 Nat Hentoff
 David Horowitz
 Laura Ingraham
 Paul Johnson
 Jack Kelly
 Ed Koch
 Ch. Krauthammer
 Jonathan Last
 Michael Ledeen
 John Leo
 David Limbaugh
 Kathryn Lopez
 Rich Lowry
 Michelle Malkin
 Jackie Mason
 Dick Morris
 Bill O'Reilly
 Jim Mullen
 Clarence Page
 Kathleen Parker
 Dennis Prager
 Wesley Pruden
 Tom Purcell
 Jonathan Rauch
 Celia Rivenbark
 Robert Robb
 Cokie & Steve Roberts
 Pat Sajak
 Debra J. Saunders
 Culture Shlock
 Roger Simon
 Michael Smerconish
 Thomas Sowell
 Mark Steyn
 John Stossel
 Cal Thomas
 Bob Tyrrell
 Diana West
 Dave Weinbaum
 George Will
 Walter Williams
 Byron York
 Mort Zuckerman

'Toons
 Robert Arial
 Chuck Asay
 Baloo
 Chip Bok
 Dry Bones
  Lisa Benson
 John Branch
 Gary Brookins
 John Cole
 J. D. Crowe
 John Deering
 Brian Duffy
 Everything's Relative
 Mallard Fillmore
 Jake Fuller
 Bob Gorrel
 Joe Heller
 David Hitch
 Jerry Holber
 Steve Kelley
 Jeff Koterba
 Dick Locher
 Chan Lowe
 Ranan R. Lurie
 Jimmy Margulies
 Rick McKee
 Michael Ramirez
 Kevin Siers
 Jeff Stahler
 Ed Stein
 Danna Summers
 John Trever
 Gary Varvel
 Kirk Walters

Lifestyles
 How 2
 Lori Borgman
 The Savvy Consumer
 Elder matters
 Fixit
 Dr. Peter Gott
 Marybeth Hicks
 GET A JOB! by Marty Nemko
 Richard Lederer
 Tech Maven
 Every Monday Matters
 Nutrition Myths
 Bookmark These
 Bruce Williams
 How Stuff Works