Glen Lavy: “Proposition 8 and the Constitution: The majority in California has a right to decide”

The San Diego Union Tribune

. . . Twice, a clear majority of the voters have spoken on this issue; the first time, four justices ignored their voice and stamped their own personal persuasions on the law.

So a ruling against marriage again would not just neuter the uncomfortable legal impact of Proposition 8 – it would effectively reduce every future state election to a straw poll. The Legislature has already shown itself openly hostile to the will of the electorate; the governor has turned a deaf ear to a majority of those who put him in office. Now the state’s highest court will decide if the people of California have a constitutional right to amend their own constitution. At this point, the people have a right to ask: Does the government of this state exist to serve the voters and understand their will, or are the people merely the pawns of an increasingly authoritarian government? . . .