By arguing that the majority vote in favor of Prop 8 in California should stand despite the decision that it is unconstitutional, Maggie Gallagher and the National Organization for Marriage have managed to make a large number of social conservatives forget their love of the Constitution — or inadvertently, they have exposed that social conservatives either are unclear on “unalienable rights,” and liberty, or they’ve had it with the separation of church and state and the horse it rode in on. None of those possibilities puts social conservatism in a flattering light.
Ted Olson makes it clear: “We don’t vote on the Bill of Rights.”
The people who are harumphing about majority rule should consider whether they always will be a member of that lucky, more-equal majority that bosses everyone else around and always gets its way. KEEPING THE MAJORITY FROM TRAMPLING MINORITIES IS WHAT THE JUDICIARY IS SUPPOSED TO DO!!! It is NOT judicial activism.