Ideology aside, I am shocked by the reaction to the passage of Prop 8 in California via the very democratic process of the people voting. If the outcome is not favorable to some, there are other democratic processes by which to change that. Recall that Prohibition was later repealed by a constitutional amendment when the wisdom of the earlier amendment was called into question. We live under the Rule of Law, which as Judge Smith of the 3d Circuit recently reminded students at the law school, is a law of rules.
There are rules that we follow. There are ways to amend constitutions and ways to repeal those amendments. I encourage all those raging about Prop 8 to gather their senses and accept the current will of the people. Almost half of the country did not vote for President-elect Obama on November 4, but those who lost accepted the will of the people as such and resolved to respect that decision. Respecting the outcome of elections is critical to our success as a peaceful and law abiding people.
I heard San Francisco's Mayor, Gavin Newsom, suggest in an interview on CNN that perhaps Prop 8 was not a constitutional amendment and that the issue is now up to the California Supreme Court to decide. I merely refer the Mayor and any readers of this blog to a voter guide issued by California State itself. The website makes it clear that at least before the election's outcome the Secretary of State thought that Prop 8 was a constitutional amendment. Perhaps history will be re-written by four or more of the California Supreme Court's seven members.