I, for one, am growing sick and tired of hearing the Proposition 8 proponents whining about “our will being overturned by one activist judge.” The recent federal court ruling overturning Proposition 8 is actually very good news for all Americans, because Proposition 8 did something that should never be done. It put the question of a minority group’s rights up for a vote, separating Californians into two groups, giving the right to marry to one while denying it to the other.
So Judge Walker had to overturn the law that people had voted for, because they had voted for a law that is unconstitutional, or illegal in the United States. Voters aren’t constitutional lawyers, and this time they voted to create a law all by themselves that they claimed would “protect our children” by prohibiting same-gender couples from marrying. Judge Walker reminded everyone that voters can’t legally do that, not even if 90 percent want to.
Yup, the will of the majority has been overruled by a judge doing the job he was appointed to do by President George H.W. Bush. All because the majority voted to restrict the minority’s rights based, as they claimed, on tradition, morality, and their own religious beliefs. And this is exactly what the 14th Amendment to the Constitution tells us we are not allowed to do. In the words of Marty Klein, “Democracy does not mean nine wolves and a lamb voting on what’s for dinner!”