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Justice for all...

8 months ago

in Gay Marriage Advocates Sue To Block Prop 8 in California on The Washington Independent
It will forever be absurd to put issues of social justice to a majority vote in any society that has created those same social injustices. This "flaw" of the democratic system was noted by classic sociologist Alexis de Tocqueville as early as the mid 1800's, which he referred to as the "tyranny of the majority".
You don't "ask" a majority bent on treating any minority unfairly if they should continue to do so. One-million-and-one reasons will be generated by the majority to justify why things should remain the way they are; and amongst so many of those arguments, some might even be persuasive and sound in their reasoning. It takes really formidable and enlightened minds to be able to see through an injustice when you are not the one experiencing its negative effects. Beyond this, it takes even stronger courage to stand up and do what's right.
Many gay commentators have asked why President elect Obama has publicly gone on record saying he believes marriage should only be between “a man and a woman”, but yet he is unable to explain why he believes this to be so. Vice-President elect Biden holds the same position. And yet, Biden also appeared on the at least one television show saying he did not support proposition 8. The same scenario played out with California Republican Governor Arnold Schortznegger, who also did not support proposition 8. This same question could be asked of most of the more progressive main-stream politicians who take the same apparently contradictory position.
But the answer to this "contradiction" is simpler than it appears. What these politicians and others like them demonstrate is that they "know" and understand the social injustice in denying equal rights to a marginalized group in society, but are unable to muster the courage to do “what's right”. To be fair, however, we have to take into consideration that if they did “what's right", they stand on the edge of committing political suicide, which would not benefit those who seek social justice.
What is an oppressed group to do in this conundrum? The first strategy is, to the extent possible, NEVER let issues of social justice be "voted" on by an unjust majority. These issues have to be taken through the judicial system, where ideally some of the brightest and (hopefully) more enlightened members of society are not directly subject to the whim of the "majority"; which is inherently the case for elected politicians. This is why historically we have traditionally seen the courts being the ones making bold decisions of social justice (i.e. Brown vs. Board of Education). While activists are obviously taking this route via state courts, this issue will not truly be solved until it is taken on the federal level to the U.S. Supreme Court. The political climate is getting better and will continue to be so for the next few years. Strategies should be developed to prepare for the most ideal timing and take the fight to the appropriate realm.
While progressive elected politicians have to remain "in the closet" and say what they know must be said to appease the masses, gay activists must understand what lies behind their actions. This understanding is crucial for the ultimate triumph of social justice to occur. Although the argument has already been made that elected politicians will not be the ones directly doing “the right thing”, their support is crucial in paving the road to get there.
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