How I Learned to Stop Worrying and Love Judicial Activism

By now, all of you have heard the news, but I'll throw in the obligatory link to the CNN article anyway.

http://www.cnn.com/2008/US/05/15/same.sex.marriage/index.html

Finally, a gay rights move in this country in the direction of sanity.

For those who say "the court overstepped its bounds", well somebody has to! At the risk of sounding a bit critical of democracy, minority rights are one of the things the democratic process isn't good at. Put an issue important to any minority on a ballot and the majority will vote it down every time.

Which is exactly what our spineless politicians have been doing all this time to "cop out" of taking a stand on gay issues. They don't dare declare themselves for or against gay marriage out of fear of alienating one side of their voter base (the conservatives, or the gays) in order to ensure their chances of gaining votes from both sides and getting elected. Those for it will never admit it, because convervatives will come down on them like a ton of bricks. Those against it won't admit it either, because then they'll raise the ire of liberals. So we end up with waffly, "appeal to everyone" positions on the matter from major candidates, like Clinton and Obama's "support" of gay rights but not actual marriage, or McCain's stance "against" it, but they all "pass the buck" by leaving the decision up to the individual states.

The state legislators don't dare take a stand on a major issue either. So, to please voters they "let the people decide" by putting bans on gay marriage on the ballots, in state after state. They know full well the heterosexual majority will strike down gay marriage, but then they can claim it's "what the people want". And with the majority of their voters pleased (the heterosexual part, that is) their voter base is secured.

This is one time where in order to make any social progress, unpopular arbitrary action is necessary. If the theory of homosexuality being genetic is indeed true, then in every generation, there will always be less than 10% of individuals who are gay. Gays are destined to remain a minority for all time, and will therefore never be able to win a popular vote for their rights. The only option to obtaining gay rights is unpopular action by those in power, right over the heads of angry conservatives. And since our legislators and governors are... well, politicians, the only people left who can take a stand for gay rights without having to cover their asses are judges... especially state supreme court justices who have long-term, secure positions.

Which is what just happened in California.