It is temping to view morality as some absolute fixed code, but it is important to understand that it stems from the beliefs and traditions of people as much as it shapes them. As a result, morality shifts with each generation. As such, law is mostly derived from a morally relative code that is often left unexamined. The Supreme court might give credence to this when it rules on the constitutionality of California’s ban on Gay marriage with the passing of proposition 8 in 2008. The New York Times is reporting that justice’s Kennedy and Roberts might very well consider the overwhelming shift in attitudes toward gay marriage, and therefore the shifting ‘morality’ of Californians, when ruling on Prop 8.
“A Field Poll survey released this week showed that California voters, by a nearly 2-1 margin, now approve of allowing same-sex couples to marry, a finding in line with states that legalized gay marriage in November’s election.”
It is refreshing to know that the Supreme Court takes into consideration the opinions of the people they are charged with serving. It certainly should be satisfying to those who have fought so hard for the well deserved rights of the LGBTQ community to have Proposition 8 overturned at the federal level. It is also a lesson for those who think that social action is a waste of time; if a social movement cannot sway the opinions of Congress, the Supreme Court might just do the trick.
Written By Matthew Cohen
SJS Staff Writer
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At the same time, I’m not so sure about the morality of the masses. Take abortion as an example; if the majority of Americans change their view to consider abortion as an abomination, does that really make the right of choice any less of a right? Should we give up our rights, our freedoms, just because the majority finds it unethical to have them? There are some fine case examples around the world of were certain parts of the population are considered second-class citizens because the majority wills it to be so.
While I applaud the supreme court for listening to the voice of the people, I think it is rather sad that that institution needs to be swayed by the majority on a matter which should be an inalienable right.