A California federal judge's ruling against Proposition 8, which banned gay marriage in the state, has ignited the latest round of the never-ending debate over gay marriage in America. Conservatives, including those on Fox News, have long opposed marriage rights for gay men and women. But now Fox News contributor Margaret Hoover has weighed in with a new addition to the conversation: the conservative case for gay marriage. Hoover, whose great grandfather was Republican President Herbert Hoover, argues that the court system has been right to protect gay marriage.
Conservatives cannot deny that our Founders intended the judiciary as an equal and independent branch of government purposed to ensure the protection of every citizen’s rights.
The Supreme Court has previously ruled that the right to marry is a fundamental constitutional right.
When an unpopular minority is denied the right to marry, it is indeed the role of the courts to protect the rights of that minority, especially when a majority would deny them. This is why Judge Walker’s opinion reads, "That the majority of California voters supported Proposition 8 is irrelevant, as fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections."
Hoover has some tough talk for her fellow conservatives, noting, "conservatives have a flawed history with civil rights, a trend that began when Barry Goldwater opposed the Civil Rights Act as unconstitutional. While Goldwater was no racist there is clearly a conservative precedent for a breakdown at the intersection of ideology and reality." Ultimately, she says, she does not want the GOP to end up "on the wrong side of the latest chapter in American civil rights."
This article is from the archive of our partner The Wire.