Monday, August 19, 2013

It's over

The California Supreme Court has denied the petition by Prop8 proponents seeking to stop marriages in the state.
ProtectMarriage had argued that the federal order in the case only applied narrowly to the two couples, that all other counties in California were obligated to enforce Prop 8, and other issues that would have led to enforcing Prop 8 across California, except for two counties. The state had argued that the petition was an attempt to make changes to a federal court’s order in California state courts, a move that is not permitted by the federal Constitution.
So it's over.

And while our opponents are seething that the "will of the people" has been denied, may I remind them (yet again) that we do not have a direct democracy, we have a republic and with that, a balance of powers in which the Courts work to protect the rights of the minority.

So, even though in the Civil Rights era, a majority of voters in the south surely would have voted to keep Jim Crow laws intact, they fell.  And even though a majority of Americans disapproved of marriage between the races, those laws also fell.

A majority does not get to take away rights from a minority based solely on numbers.


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