Caslon10000 saidThe purpose of the Judicial branch of government is to review laws. In this case, it is the Judicial branch that must uphold the equal protection clause of the constitution to prevent the tyranny of a majority. That's not judicial activitism. That's the job of the court. "Judicial activism" is only the term coin by people who do like the decision of the court. We have had this judicial principle since John Marshall and Marbury v. Madison.
If a majority can vote away the participation in society of any group, then what prevents slavery from being reinstituted in any state where you can get a majority to vote for it. It would be the same logic. That is why I see the court striking down prop 8. If it stands, then the majority can go after anybody....and that is just why the equal protection clause is in the constitution....nobody, not even the people, can deprive a minority of the right to participate in society.
I agree. But that is not how things seem to work. Look at the religious right and the power and momentum they gained after Roe v. Wade. That decision motivated them to become more politically active. Now we are fighting a well-funded oppressive monster.
Prop 8 was over turned by people in the relgious right. Some voted for prop 8 but couldn't care less about gay marriage--they just did not like the idea of the Supreme Court "legislating from the bench."
You are not wrong in you assessment. But it seems courts have to watch their necks. And what is the point of the court if the majority can then have the power to override them?
Grassroots is much safer--though it takes longer. But it ensures a long standing rule. I know Courage Campiagn has already started a grassroots program.
I don't like it. I think it is wrong. But it does work--going through the courts there is always a danger of the majority gathering together to fight 6-8+ judges. However, if you work to change the minds of the people... people like that sentaor from Iowa who told a story about his daughter on YouTube...if you change the minds of the people, gay marriage laws will be more tangible and less threatened by the religious right.