Quote from: Constance on March 25, 2013, 09:44:38 AM
So, it requires representative democracy to prevent, to borrow your phrase Jamie, "outrageous bigotry?" Because that's what this bill was about. It was written, proposed, and supported by outrageous bigotry that suggests the concepts of "life, liberty, and the pursuit of happiness" are alienable rights.
I fail to see how anyone who actually believes in the documentation upon which this country was founded can propose and support such legislation, or even defend those who do.
Quote from: suzifrommd on March 25, 2013, 06:54:21 AM
Jamie, I don't agree. Democracies recognize there are some basic rights that a legislature cannot take away. Example: Congress can make no law abridging freedom of speech or of the press. Minorities should not need to depend on their ability to "flood" a legislative body to keep their rights.
And if the right to relieve oneself safely is not a basic human right, I don't know what is.
I am replying to these to posts together, because the cover much of the same ground.
"Life, liberty, and the pursuit of happiness" are examples of "Natural Rights," as Jefferson, et al, understood them. Natural rights, sometimes called "human rights," are imbued by one's humanity. Natural rights can not be taken away without consent, and are, in theory, beyond the reach of any just government.
Similarly, some legal rights are considered so vital, that they have receive special protection within a Constitution. Some of these protected right are derivative of natural rights, such as infringements of conscience. Natural and constitutional rights serve to establish relationships within a society, and to limit the power of government.
With that said, there exists no "natural right" to use a bathroom. Bathrooms do not exist within a state of nature. That society has established by statutory law and regulation, the construction of restrooms for the hygiene and convenience its members, it follows that those regulations should be debatable within the context of lawmaking. One of the earliest stumbling block in the founding of the country, and the creation of a government, was the issue of majority rule versus minority rights. The trick was to balance the two, and the method was informed, open debate as part of deliberative democracy.
I respect the process. I do not always agree with the result. And it is incumbent on me to become involved in the process, or accept the results as a bystander.