On May 15, 2008, activist judges on the California Supreme Court overturned a law banning same-sex marriage which they deemed unconstitutional. That decision created an uproar from coast-to-coast and there was a lot of talk about those judges and their decision to go against the majority of voters. Of course, it is a majority of voters who elect our officials all the way from small town mayors to the President of the United States. While most people don't pay it any heed, judges are also on the ballots. Which judge we elect is a very important decision, more so even than which Senator, mainly because the judge has a very specific job. After elected by the majority, the judge must protect the minority. Without the court system, no one is safe from the tyranny and oppression often directed at those of few numbers.

That is the primary reason why the decision to vote for Prop 8, a Constitutional amendment overturning the Supreme Court's ruling and forever denying gay people the right to marry the person of their choice, is so unsettling. When judges rule that something is unconstitutional and the electorate answers with "then put it in the Constitution" we begin down the real slippery slope. Our judges protect the minority by standing up to the majority. Without them there is no freedom of speech, freedom of religion... freedom of any kind, really, because there is no wall between minority rights and the majority’s ability to remove them.

Whether your beliefs fall in line with Prop 8 or against should be put aside for a moment to really let the meaning of that vote sink it. The decision made in California on Nov. 4 was the first time in US history that a Constitution was amended to remove rights rather than to protect them. That thought makes me think about my black brother-in-law and my Jewish children and have real fear for whether their rights will be as protected in the future as they are now. After all, most people in this country are white and most are Christian. A majority-rule world does not offer protection to minorities unless the courts are there to provide that check-and-balance.

Each one of us has something that is part of our individuality that makes us different from most other people. It could be in race, religion, sexual orientation, gender, vocation, education, financial status, health issues, politics, or any number of other things. When you are counted amongst the majority it is easy to cast your vote for something like Prop 8 and never really think about the consequences. Like I said earlier, this is the real slippery slope. People talk a lot about the next fight being to “marry a goat” and no one talks about the next amendment overturning the Supreme Court rulings allowing interracial marriage. That seems impossible now, but why? At the time that our President-Elect’s parents married interracial marriage was still illegal in 17 states. Electing a black President doesn’t change that he is part of a minority and needs just as much protection as gay people do from laws which are based on the prejudices and fears of a fickle majority.

We must remember when judges rule in ways that we don't like that they are doing what needs to be done in order to ensure that oppression has a short life span in this country. The courts have made a lot of mistakes, but those mistakes were also rectified in the courts. That is where we fight for our rights. Constitutional amendments should only be used to solidify those rights. Using amendments to take away rights is frightening because of its permanence. If we overturn rulings with constitutional amendments we might not hurt ourselves in the short-term, but the future will start to look pretty bleak. It won't be long before one majority--perhaps the one you are in--gets replaced with a new one and you need your rights protected. When that time comes, who will be there to stand up for you? Who will be there to say “this is not constitutional” and have that actually matter?

On November 4, 2008, the people of California stood up and proclaimed that the courts can no longer be counted on to protect us.

First they came for the communists , and I did not speak out -because I was not a communist;
Then they came for the socialists, and I did not speak out - because I was not a socialist;
Then they came for the trade unionists, and I did not speak out - because I was not a trade unionist;
Then they came for the Jews, and I did not speak out - because I was not a Jew;
Then they came for me - and there was no one left to speak out for me.