Prop 8: A Civics Lesson

In all the outcry over the recent court ruling on California's Prop 8, we have heard many supporters of the ban on gay marriage lamenting how this is an example of 'democracy undone' and how wrong it is that the judicial branch can overrule the will of the voters. This demonstrates a fundamental lack of understand of how the process works, and one of the basic tenets of our system. Democracy is commonly thought of 'rule by the majority' and that's broadly correct - but it does not mean unlimited power to the majority. This is not a new concept, and it is not one invented by the liberal wing of the party.

Individual rights are not subject to a public vote; a majority has no right to vote away the rights of a minority; the political function of rights is precisely to protect minorities from oppression by majorities (and the smallest minority on earth is the individual).

Ayn Rand in "Collectivized 'Rights'

Right folks - that's the Mother Superior of the conservative movement talking. Her point is this: just because a majority agree on an idea does not mean that it becomes legal or ethical. If we passed a bill saying anyone born on a Wednesday should pay 10% more in taxes, would that make it legal?

The bottom line is this: people who voted for Prop 8 voted for an illegal, unconstitutional, unethical law. No majority in the world has that right.