Marriage, the court, and the erosion of constitutional democracy by Gay activists
Pro and anti-Proposition 8 protesters rally in front of the San Francisco City Hall as the California Supreme Court holds a session in the to determine the definition of marriage (Strauss v. Horton cases). (Photo credit: Wikipedia ) There is a lot of good analysis on the Supreme Court’s decisions last Wednesday to throw out California’s Proposition 8 case ( Perry v. Hollingsworth ) and to overthrow key parts of the federal Defense of Marriage Act (DOMA) ( United States v. Windsor ). Same-sex marriage supporters are elated at the incredible progress the gay rights movement has made in recent years. The more optimistic marriage defenders point out that the decisions don’t really change much: they simply refer the argument over marriage to the states, to let the democratic process, and civil society, do its work. And who could argue with this sort of federalism? But of course, both of these positions miss an important fact. In both Supreme Court decisions a law passed by a d