Friday, August 6, 2010

Individual Rights Trumps Majority Vote

I'm hearing a lot of anti-gay marriage people say how horrible it is that a judge can overturn the will of the majority of voters.  But I think this shows a misunderstanding of our democracy.  One of the fundamental concepts of our Constitution and democracy is that of individual rights - the idea that every citizen have the same rights, whether or not the majority of voters like them or approve of them.  The majority has no power to take away the rights of the minority without due process, and without having an over-riding reason for doing so.  This is why judges are more often overturning laws restricting the rights of gays.  They are being denied equal rights that should be guarenteed by the Constituion, and the arguments for doing so are making less and less sense the more we know about LGBT people.


Posted via email from reannon's posterous

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