The opponents to gay marriage argue that democracy means “majority rule” – that discrimination is altogether fitting and proper if the majority deems it so.
But, as David Boies states so clearly in the following interview with Larry King:
“You wouldn’t need a constitution if all you had to do is look at election results. The whole point of a constitution is to guarantee certain fundamental rights to all Americans and that is what the constitution guarantees and that is what the courts are there to guarantee . . . “
Yes, a constitutional democracy protects the rights of minorities from the ignorance, bigotry, and tyranny of the majority.
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