An opinion with which I completely agree: California's same-sex marriage case affects all of us - Kermit Roosevelt, Christian Science MonitorIf a majority could overrule a judicial decision, the process would frequently be stopped by that majority vote. Judicial interventions against discrimination would just not succeed.
Regardless of where you stand on same-sex marriage, what's troubling for US citizens in the California case is the idea that an equality guarantee could not be effectively enforced against the will of a majority. The point of such a guarantee is precisely to protect minorities from discrimination at the hands of a majority.
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It makes sense to require supermajority support to overrule a judicial decision that grants rights to a minority. It shows that the judges were so out of step with society that they were probably wrong. But a simple majority does not show that, and the constitution would not afford meaningful protection if it could be overruled at the will of the majority.
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This is not an argument that the California court was correct. The battle for public opinion goes on. But letting the court's decision stand against the disapproval of a simple majority is not only sensible, it protects the minority rights of future generations.
Unpopular decisions are the price of constitutional rights.
A well reasoned argument is like a diamond: impervious to corruption and crystal clear - and infinitely rarer.
Here, as elsewhere, people are outraged at what feels like a rigged game -- an economy that won't respond, a democracy that won't listen, and a financial sector that holds all the cards. - Robert Reich
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