[quote]Uncle Gabby wrote:
Hey I found this interesting. If CA voted to ban gay marriage, why did the state supreme court feel the need to over turn that? I thought democracy ment rule by the people. Why did they bother to even ask the 30 + million in this state what they wanted if they had their own agenda anyways?
For the record, it just so happens its about the gay marriage. my real issue the the whole turning the vote over. While I am against gay marriage, lets keep the thread on why the court would do that and not whether its right or wrong to be gay
also I think they keep the change to the state constitution of the ballot because, as the last vote showed, it would get banned by the constitution
The supreme court can and should over turn a bill if it infringes on the constitutional rights of a minority. I don’t know the specifics of the bill you are talking about and frankly I don’t care. But the just because you have 51% of the vote doesn’t mean you can do whatever you want to the other 49%. That is the dark side of democracy, the tyranny of the majority, that the founding fathers set the system of checks and balances to protect us against.
I think it is a sound principle and this country would go to hell quick without it.[/quote]
Agreed, but there is also a very real usurpation of popular will by judicial fiat.
This creeping extension of political correctness under the guise of equal rights makes Goldwater’s principled objections to the 1964 Civil Rights Act, wrong though they probably were, look a bit more defensible in retrospect.