Empires of the Mind

A motley assortment of anecdotes, thoughts, comments, observations, idle speculation, rantings, ravings, tirades, attempted wit & humour, pop culture references, expostulations, hypotheses, and whatever the hell else I feel like posting...

Friday, September 09, 2005

Governator 2: Judgement Day

Saw something noteworthy on the news yesterday. Apparently, Governor Arnold Schwarzenegger intends to veto a bill legalizing same-sex marriage in California, a bill which was legitimately passed by the legislature in Sacramento. Well, then... Not surprising in and of itself - Arnie's still a true blue Republican, after all. Even solidly Democratic states aren't touching that particular hot potato! Currently, it's only legal in good old Massachusetts - and there's even talk of reversing that. Here's an excerpt from an article on the CNN web site:

Schwarzenegger said the legislation, approved Tuesday by lawmakers, would conflict with the intent of voters when they approved an initiative five years ago. Proposition 22 was placed on the ballot to prevent California from recognizing same-sex marriages performed in other states or countries. "We cannot have a system where the people vote and the Legislature derails that vote," the governor's press secretary, Margita Thompson, said in a statement. "Out of respect for the will of the people, the governor will veto (the bill)."

Proposition 22 stated that "only marriage between a man and a woman is valid or recognized in California." The bill to be vetoed by Schwarzenegger would have defined marriage as a civil contract between "two persons."


Okay, here's the thing: call me crazy, but isn't the legislature elected by the people to serve and represent them? In essence, doesn't the legislature epitomize or embody "the will of the people"? We vote to put such people in a position where they can make these kinds of decisions on our behalf. Passing laws like this is part of their job, a job we as the electorate implicitly bestowed on them. It's what we pay them for, folks! For the Governor to peremptorily override their decision strikes me as dangerously undemocratic. The main flaw of the whole veto concept, I think. Sure, I know the whole "checks and balances" counter-argument, but still... Too often the principle falls victim to partisanship and ordinary political posturing.

Another thing that struck me as ironic was Arnie's assertion that the issue of same-sex marriage (SSM) should be decided by voters or the courts. Or the courts... What amused me about the last bit was that, here in Canada, opponents of SSM legislation hinged their arguments on having the issue taken out of the court's jurisdiction. You see, in our case, it was a decision rendered by the Supreme Court of Canada - whose official opinion on this matter was specifically solicited by the federal government - that got the proverbial ball rolling in Parliament with respect to SSM. Essentially, opponents here wanted the issue dealt with by the legislature exclusively, and not by the courts - the reverse of Schwarzenegger's position, in effect! Funny how they argue the same thing from opposite angles...

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