Unless a law affects us all equally, it shouldn’t be up to the biases of voters.
The California State Supreme Court recently reversed that state’s Proposition 8, a measure that defined marriage as between a man and women for legal purposes. That being said, the Court ruled that citizens of the state, while they had every right to make law, could not deny to one group of citizens equal protection under the law.
Similarly, the states of Washington and New Jersey have recently seen the passage of laws in their state legsilatures, that would allow same-sex couples to marry. While a seeming victory for same-sex marriage advocates, nothing could be farther from the truth. In New Jersey, Republican Governor Chris Christie has vowed to veto the measure, while in Washington state opponents are seeking to have a measure placed on the November ballot that would allow citizens to undo the bill through vote.
All of these examples beg the question, should citizens be allowed to vote on issue of Civil Rights? Are Civil Rights not precious enough that they should be protected from popular vote, making the rights and freedoms of other citizens subject to the whims of the electorate? What are the dangers of giving citizens this awesome power? And are Civil Rights any safer in the hands of legislators or courts, alike?