California Ban on Gay Marriages to go Back to Court

This time the argument is that it is unconstitutional for voters to revoke equal rights without going through the legislature first. Evidently these lawsuits were already prepared in case proposition 8 was passed.

Regardless of whether or not you agree with gay marriage, this brings a larger issue to the table. The idea of giving the wording of the constitution (state or national) to the whims of the masses is a horrible idea. There is a reason we are a representative democracy: mob rule does not work. I'm not saying that the average person is not smart enough, but there needs to be a buffer between ever changing will of the American people and something as sacred as the constitution. I'm sure it's tempting to try to go around the courts in this manner, but in the long run it will bring nothing but trouble. If banning gay marriage is that important to Californians, they should elect legislators who make that part of their platform.

Gay Marriage Banned in California

Proposition 8 passed in California, banning gay marriage. Actually, it already was illegal but was overturned by a judge who said the law violated the equal protection clause of California's constitution. Prop 8 amended the state constitution to include the phrase "only marriage between a man and a woman is valid or recognized in California."

I feel bad for all the gay people who rushed to get married after the judge declared the first ban unconstitutional. I do, however, like to see states deciding these things for themselves. Hopefully this doesn't end up in the Supreme Court which will ultimately result in nine people deciding the issue for the whole country.