Sadly, Justice Kennard seemed to agree, and in her comments apparently felt that the inalienable right of the majority to be foolish at the ballot box trumps what the court previously found to be "a basic civil or human right of all people."
If Prop8 is upheld, as commenters expect, it is really a breathtaking precedent. WE HAVE NO RIGHTS that are safe from the rule of the mob, the tyranny of the majority.
Think of what this will unleash: a series of amendment initiatives in CA to deprive gays of any protections at all. Don't expect domestic partnerships to survive.
And not just gays: any unpopular class, like immigrants, may also be at risk. Just wait till the MInutemen get going and start buying signatures. They can do it, if the Supremes uphold this decision. Religious affiliation and red hair, equally at risk.
The US State Department book "Principles of Democracy" states explicitly
Majority rule is a means for organizing government and deciding public issues; it is not another road to oppression. Just as no self-appointed group has the right to oppress others, so no majority, even in a democracy, should take away the basic rights and freedoms of a minority group or individual.
Such an ideal may not apply in California. Better dust off your pink triangles, folks, we might all be moving to Manzanar next.
Cross posted at DailyKos and TPM