“The California Attorney General and I agree that Proposition 8 should fail, but not for any of the reasons raised in the lawsuits. Certain rights cannot be put to a popular vote. No fundamental right can be taken away by the voters.
Could the public, frustrated by a crime wave, take away a criminal defendant’s right to remain silent? Definitely not. Voters simply don’t get to vote on such things, at least not without a compelling justification. There was no justification for Proposition 8 other than to open another front in the culture way by appealing to hatred, fear and religious zealotry.
Overturning the will of voters is not, and should not be, easy. We live in a democracy, after all. Whomever gets the most votes usually wins (just ask Al Gore). However, every once in a while basic constitutional rights safeguard minority groups from the tyranny of an electoral majority. I’m hoping this is one of these times.
I hope that the California Supreme Court will rule that the thousands of married gay and lesbian couples will continue to live happily ever after — until they file for divorce, which I predict will happen at about the same rate as their straight counterparts.” — Judge David Young on today’s hearing of the California Supreme Court on Prop. 8