Prop 8 Ruled Unconstitutional – The Daily Dish | By Andrew Sullivan.
Down in flames, appeals sure to follow. This really will need to go to the Supreme Court. The real fear for me is that the Roberts, Alito, Thomas and Kennedy wing of the court will see nothing wrong with enshrining discrimination in a state or federal law. I’m sure the right will scream and cry about how popular it is to ban gay marriage. Much the same way slavery or the ban on interracial marriage was popular.
Not long ago I would not have been able to marry my wife in many states: Arizona, California, Maryland, Montana, Nebraska, Nevada, South Dakota, Utah and Wyoming all had anti-miscegenation laws repealed between 1948-1967. Georgia, Missouri, South Carolina and Virgina had their laws overturned by the aptly named Loving v. Virgina Supreme Court ruling in 1967. Prior to that a Caucasian was not allowed to marry an Asian/Filipino. The 13 states listed above specifically mentioned either Asians or Filipinos. All told 41 states had anti-miscegenation laws, mostly covering Blacks, Hispanics and Native Americans. It was extremely popular.
Fuck popular, that simply does not make it right. This is why we have a constitutional democracy, to defend the rights of the minority against the tyranny of the majority. I find this debate to be very personal to me.
