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A referendum is not the way to go when it comes to gay rights or minority issues A referendum is not the way to go when it comes to gay rights or minority issues
(about 4 hours later)
In the era of democracy, referendums have popular appeal. They may look like the best way to change policies, amend discriminatory practices or even determine the fate of a nation. It is for people to decide, politicians argue.In the era of democracy, referendums have popular appeal. They may look like the best way to change policies, amend discriminatory practices or even determine the fate of a nation. It is for people to decide, politicians argue.
But they are not always the right way to go, especially when it comes to gay rights or in fact, any minority issues.But they are not always the right way to go, especially when it comes to gay rights or in fact, any minority issues.
Friday’s referendum on gay marriage in Ireland has captured the world’s attention. If passed, it will make Ireland the first country to formally recognise same-sex marriage through popular vote.Friday’s referendum on gay marriage in Ireland has captured the world’s attention. If passed, it will make Ireland the first country to formally recognise same-sex marriage through popular vote.
Win or lose, however, it is a dangerous practice and can set a precedent for other nations where public opinion might not be so enlightened or tolerant.Win or lose, however, it is a dangerous practice and can set a precedent for other nations where public opinion might not be so enlightened or tolerant.
The idea that the majority can legitimise the right of a minority is fundamentally flawed. In the words of Ayn Rand, the Russian-American novelist, “individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities.”The idea that the majority can legitimise the right of a minority is fundamentally flawed. In the words of Ayn Rand, the Russian-American novelist, “individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities.”
There are plenty of examples on how popular votes could have catastrophic impacts in societies if they were to be sought on minority matters. The obvious example is the issue of marriage between white and non-white people in the US.There are plenty of examples on how popular votes could have catastrophic impacts in societies if they were to be sought on minority matters. The obvious example is the issue of marriage between white and non-white people in the US.
Long before the American people would approve such marriages, it was judges who struck down discriminatory laws in various parts of America. If the majority had been asked whether white people could marry black people, it would have taken decades longer for them be able to do so. In 1967 when the US supreme court deemed anti-miscegenation laws unconstitutional, the American people were not ready for that decision.Long before the American people would approve such marriages, it was judges who struck down discriminatory laws in various parts of America. If the majority had been asked whether white people could marry black people, it would have taken decades longer for them be able to do so. In 1967 when the US supreme court deemed anti-miscegenation laws unconstitutional, the American people were not ready for that decision.
“If you grew up in the 1960s and 70s, it was quite possible to know adults then who said things like ‘I’m all for civil rights. But marriage between Negroes and whites? I don’t know.’ You might have been utterly baffled, but there it was,” wrote Margaret Talbot in a 2012 issue of the New Yorker magazine.“If you grew up in the 1960s and 70s, it was quite possible to know adults then who said things like ‘I’m all for civil rights. But marriage between Negroes and whites? I don’t know.’ You might have been utterly baffled, but there it was,” wrote Margaret Talbot in a 2012 issue of the New Yorker magazine.
She continued: “In 1968, the year after the supreme court struck down Virginia’s anti-miscegenation law, in Loving v Virginia, 72% of Americans disapproved of marriage between whites and non-whites, and only 20% approved.” In fact, it was not until 2000 that the US state of Alabama officially legalised inter-racial marriage.She continued: “In 1968, the year after the supreme court struck down Virginia’s anti-miscegenation law, in Loving v Virginia, 72% of Americans disapproved of marriage between whites and non-whites, and only 20% approved.” In fact, it was not until 2000 that the US state of Alabama officially legalised inter-racial marriage.
The majority is resistant, by nature, towards a minority. If it wasn’t for strict laws protecting minorities in the UK, for instance, what will guarantee that a Muslim female student would be to tolerated to wear hijab in school because of her religious affiliation? The majority would probably have never accepted that. In Iran, where Jews are in a minority, Jewish students would probably have had to go to school on Saturdays which is Sabbath, a religious holiday, if the state had not intervened.The majority is resistant, by nature, towards a minority. If it wasn’t for strict laws protecting minorities in the UK, for instance, what will guarantee that a Muslim female student would be to tolerated to wear hijab in school because of her religious affiliation? The majority would probably have never accepted that. In Iran, where Jews are in a minority, Jewish students would probably have had to go to school on Saturdays which is Sabbath, a religious holiday, if the state had not intervened.
Many countries are looking closely on how Irish people will vote on Friday. There are nations who want to follow suit. Whereas Europeans, Irish people included, may be ready to approve same-sex marriages, people in the Middle East or Africa are not. It will be dangerous to encourage them to go to the polls on such matters.Many countries are looking closely on how Irish people will vote on Friday. There are nations who want to follow suit. Whereas Europeans, Irish people included, may be ready to approve same-sex marriages, people in the Middle East or Africa are not. It will be dangerous to encourage them to go to the polls on such matters.
Ireland may well vote yes in the referendum as polls suggest, if they are to be believed. However exciting it might sound to LGBT advocates, Ireland’s referendum is only indicative of what people there think. What it does not do is legitimise or delegitime gay people’s right to marry. Ireland may well vote yes in the referendum as polls suggest, if they are to be believed. However exciting it might sound to LGBT advocates, Ireland’s referendum is only indicative of what people there think. What it does not do is legitimise or delegitimise gay people’s right to marry.
As Rachel Maddow, the televison host of the MSNBC said: “Here’s the thing about rights – they’re not actually supposed to be voted on. That’s why there’re called rights.”As Rachel Maddow, the televison host of the MSNBC said: “Here’s the thing about rights – they’re not actually supposed to be voted on. That’s why there’re called rights.”