Home > Politics > Gay marriage and the non-elected institutions…

Gay marriage and the non-elected institutions…

OK, this is a very bad post in trying to relate these 2 subjects…

Well, in the US, after the Proposition 8 episode, which sees California people declined same-sex marriage, 2 more states joined Connecticut and Massachusetts in granting same-sex marriage right to gay people, namely Iowa and Vermont. All of them legalized same-sex marriage via Jurisdiction (that banning gay marriage is unconstitutional), except Vermont, through legislative process… New York governor, last Thursday, also introduced bill that legalize same-sex marriage, and well, it’s now up to the state assembly and senate to pass the law…

The constitution is there to protect the minority. When people draft laws to discriminate against minority, people turn to jurisdiction. And this is how those states in US legalize same-sex marriage by court, because the laws banning same-sex marriage are unconstitutional.

Similarly, as in the case of Vermont, even if the chief of executive aka the elected governor doesn’t like the idea of gay marriage, and even if he did veto the bill, the legislative prevailed, by overriding the veto.

Constitution is the supreme law. No one can override the constitution. Not even the elected head-of-state cum chief of administration, not even the court, not even the lawmakers. And therefore some people rallied for a constitution amendment to discriminate against the gay people, such as the proposition 8

In Prop 8 case, even if the state governor, the state legislative assembly and the state senate disagreed with it, due to 52% of the California people voted for the proposition, the words saying that marriage must be between a male and a female still inscribed in the constitution…

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In Malaysia, the non-elected institution called monarchy,

  • went against constitution by telling the chief of administration that he had lost confident of assembly (How His Royal Highness know that when the assembly did not vote?)
  • went against constitution by declaring his government’s vacant
  • went against constitution by not granting audience to a legitimate chief of administration after obtaining fresh mandate from the legislative assembly.

And that institution today said that "Malay rulers are above politics." The son of His Royal Highness went on and said he will do anything to protect the institution of monarchy. Fuiyooohhh, macam orang UMNO already! Luckily he didn’t say ketuanan Melayu. And they were, just not long ago, dubbed as the MOST WELL-EDUCATED and LEARNED ROYAL FAMILY!

Another non-elected institution called Federal Court, went TOTALLY AGAINST constitution by voiding the legislative assembly’s decision:

Article 72 of the Federal Constitution of Malaysia
72 (1) The validity of any proceedings in the Legislative Assembly of any State shall not be questioned in any court.

Alright, I don’t study law school, but then former appeal court justice NH Chan said so… and I think he’s credible enough to believe in… 🙂

So in Malaysia, the constitution does ensure the doctrine of separation of power… The constitution does protect the minority right…

But too bad, we are asking the thieves to protect our treasures, those people who sworn to God that they will protect and uphold the constitution, see the constitution as a paper towel right now…

Like what The Malaysian Insider said,

(The speaker) may have the Federal Constitution on his side but nothing else.

Sadly, in Malaysia, the Constitution is not treated with the same reverence and deference as in the United States or India.

What good are institutions which ridicule the Federal Constitution, which insult the intelligence of a more educated population and which forget that they serve at the pleasure of the rakyat.

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Categories: Politics
  1. April 20, 2009 at 7:48 am

    GAY TAX REVOLT – we’re just killing time until then…..

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