The United States is…

Constitution of the United States, page 4
Constitution of the United States, page 4 (Photo credit: Wikipedia)

The discussion on Jim’s post is generating some decent stuff. Unfortunately, I cannot let one thing go by. Jim is wrong when he says:

I object to marriages which occur outside the community recognized ‘one man and one woman’ definition. The state is the embodiment of the will of the people in a democracy, ergo the state has no business nor right to recognize what the majority doesn’t.

via Marriage Is… | Zwinglius Redivivus.

We do not live in a democracy. We live in a Republic. A Republic runs counter to the will of the people. A Democratic Republic elects its leaders democratically but still must run counter to the will of the people if the will of the people is counter to the laws set forth. Our constitution does not establish a majority decision, but has placed in the hands of the Judiciary the singular ability to decide if something is right by the law or not. While the legislative body decides law, the Judiciary decides legality according to the Constitution.

So, Jim is wrong here. Equal Rights before the Law is not based, in this country, on democratic principles but on whether or not the Constitution upholds it.

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