Quote:
Originally Posted by smc
In America, we are not supposed to vote on rights. They are guaranteed.
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i wish that were true, but in reality, it is not. forty states have either a constitutional ban on gay marriage or legislated laws against gay marriage. if the ep clause of 14th amendment applied to all kinds of marriages, then all forty states' laws would have been stuck down via the supremacy clause. so far, they haven't been. i think in our lifetimes laws restricting same sex marriage will viewed as unconstitutional by the courts, just not thus far.
it's my personal opinion that courts follow public opinion closely, even lag behind it. hence, what really matters is what you call the tyranny of the majority, because even though the constitution is broad in the rights that it gives, it's applied very unevenly.