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“The will of the people”

May 21st, 2008, 8:03 am · Post a Comment · posted by Scott Shackford

I’m in San Antonio this week for our annual “Freedom School,” where publishers and editors of Freedom Communications newspapers gather and hear from libertarian luminaries about the issues of the day and have questions answered about local issues.

I bring this up because there have been comments relevant to our gay marriage issue in California. I received an e-mail from a reader, who wrote in part in response to my Monday editorial: “I know lots of people, to include me, who have a big problem with four judges over turning 61% of the voting population to make 3% of the state’s population happy. Scott those four judges just ‘beat it’s citizens into submission’ and how can you NOT think that?”

It concerns me that somebody believes he has been beaten into submission because the government refused to allow him to beat others into submission. As I, and all libertarians, argue, the will of the people cannot be used as an excuse to violate the rights of individuals. As Tibor Machan said yesterday in our conference, “The people cannot confer upon the government powers that they don’t have.” He was elaborating on something Freedom Communications founder R.C. Hoiles believed, which was that groups don’t have the moral authority to do things that individuals aren’t allowed to do. You can’t go around deciding who can get married. Therefore, neither do 61 percent of Californians.

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