Friday, April 03, 2009

Who decides what's right?

Here's a great article about the situation in my home state. Core to the debate is what Lynn writes about. I think her insights speak to the real issues we are dealing with in our culture today. -Mike

Miracle in corn country
Written by Lynn Vincent, WORLD Magazine
April 3, 10:52 AM

The Iowa Supreme Court this morning ruled that a statute affirming only traditional marriage in the state is unconstitutional. The Associated Press reports:
“The court reaffirmed that a statute inconsistent with the Iowa constitution must be declared void even though it may be supported by strong and deep-seated traditional beliefs and popular opinion,” said a summary of the ruling issued by the court.
Here’s a question: At its roots, what determines law in this country? Is it not precisely “strong and deep-seated traditional beliefs and popular opinion?”
Why is stealing wrong? Why is it wrong for an adult to have sex with a child? Because we as a society say they are wrong. And we elect, by popular vote consistent with our own deeply held traditions, lawmakers who legislate accordingly.
The Iowa court’s summary statement sets up the state constitution as some kind of objective moral interpreter that somehow burst into being independent of the collective mind of the people. As though it appeared, miraculously, without human authorship or any accompanying original intent.
The Iowa constitution is apparently a document so miraculous as to be able to mediate all societal disputes, when in fact constitutions, both state and federal, are meant to be precisely the opposite: Reserving to the people — those stubborn stewards of pesky traditions and opinions — all rights not explicitly assigned to the state.

2 comments:

Zach said...

A very logical, well thought out, and reasonable assessment of the situation, which, by very nature of the above mentioned traits, will never have anything to do with how decisions are made in this world.

Mike Messerli said...

Well said, Zach. Very sad though isn't it?