
The State of Iowa through the power of their Supreme Court has just legalized same-sex marriage. Although this is an advancement in the struggle that the lesbian and gay communities have and continue to fight so hard for, the achievement was not garnered in a responsible way. As a gay man, decisions like these cause me to feel both jovial and despondent at the same time. I am happy to see advancements, and thrilled that the issue of equality for the LGBT community has not faded away. However, it is still a debatable and hotly contested issue. In due time we will come to a strong resolve as a nation through state by state ratification. A resolve of equal opportunity for all.
The biggest issue with the process that has legalized same-sex marriage in Iowa, as well as other states, is that it was not with the consent of the people. I think this is the biggest problem with the gay community, we want to sit back and hope that someone, somewhere else will do something about advancing the cause for equality. If we truly were committed to changing the laws, and even the state and national constitutions, rulings from courts, or mandates from legislative bodies will always face huge challenges. Our challenge is to inspire one another, those closest to us, and those we can engage in meaningful conversation as to the need for impartiality before the law. The courts, along with the politicians in Washington and our state capitals cannot do this, and when they try to impose something that most carry outdated notions about, it is sure to meet fierce resistance.
The only valid way to change any constitution in a democracy such as ours, with the least resistance possible, and as intended by the founding fathers is through the consent of the people. If the people do not popularly consent to any idea facing the nation, or a particular state, then the courts, nor the legislatures, nor the executives can force them to. The substantial issue in Iowa is that the courts have overstepped the confines of their power, by handing down an opinion that is in direct contrast with the legislature of Iowa. One branch cannot have more power than the other, this is the sacred belief established by the framers of this nation in the balance of powers doctrine, a constitutional safe-guard that prevents our democracy from becoming a totalitarian society.
The work is ours to do. The peoples to do. Let's change it that way, by capturing the hearts and minds of other fellow American's whether they be heterosexual or homosexual. It is only with the consent of the people that the equality that we so desperately crave can be achieved.
In times like these, it is fitting to remember that the role of the government is to serve the people, not vise versa.
Let's get to work!
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