Well, it looks like the battle over Proposition 8 is going to go back to the courts. And so it should.
We starting seeing it when Bush took office (at least in our political lifetime… I’m sure the term came up before then). “Activist judges.” Our current administration tries to make us believe that these so-called activist judges are evil, and they are to the detriment of society, because they go against the will of the electorate.
I’ll admit, I used to share that opinion, but now I realize that the role of an independent judiciary is to protect the minority from the majority rule. I find this especially important in California, where the supreme state legal document can be amended by simple majority vote. 50.1% of people in California get to make the final decision about how 100% of people should live their lives? Seriously?
Just look back at the past. How would the African-American civil rights battle have turned out without the intervention of the courts? Can you imagine what society would have been like if Brown v. Board of Education had never happened? We certainly would not have just elected the first African-American president. One might argue that shifting public opinion would have caused change in the legislative branch, but I hold that, especially on such a hot-button issue, legislators would have only taken it just far enough to get re-elected, and would never have made the all-encompassing statement that the Supreme Court did.
Thankfully the framers of the US constitution saw the possibility of abuse such as what is occuring in California right now, and not only made the judiciary as independent of politics as possible (life terms, non-elected), but designed the constitution to be changeable only in the most dire of circumstances, requiring a two-thirds vote of both houses and the approval of the legislatures of 38 states. I would not be opposed to federal ballot initiatives, but at the constitutional level? That’s just calling for a crisis, which is exactly what is about to happen in California.
I just hope those “activist” judges remember their purpose. Protect the minority.