Gay Rights vs. Democracy

Now the high court of California has made gay marriage into a right that is immune from restriction by the majority of citizens in the state. We already know what California citizens think about gay marriage: they oppose it. A referendum outlawing gay marriage was passed with the support of the state's voters. More than 60 percent of voters cast their ballots against gay marriage.

How, then, can a court invalidate the referendum and over-rule the will of the people? Basically through a kind of legal fraud. The court has to pretend that there is a right to gay marriage even though it is nowhere evident in the state constitution. Read the constitution, hold it up to the light, squeeze lemon juice on it--you won't see a right to gay marriage in there. It is simply not an enumerated right, nor is it a right that can be clearly derived from other enumerated rights. [snip]

... states have a legitimate right to define marriage. State legislatures, drawing on tradition and appealing to the values of their constituents, have defined marriage in a very particular way. Marriage requires a) two people who are b) of legal age and c) not closely related to each other who are d) one male and one female. Note that this definition excludes people who want to marry children, or guys who want to marry their sisters, or Muslims who want to take four wives, or that strange guy who wants to marry his dog.. [snip]

It is the essence of democracy that people should be able to decide the moral rules that govern the nature of a community. If people don't have that power, then they are living under an autocracy...

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