Court: CA gay-marriage ban is unconstitutional

[zinfamous]

Thanks, I went back and edited my post.



You are right, but that does not change what I posted. Had Prop 8 been rejected, the same people who now say the will of the people does not matter would be saying the will of the people matters. Either the will of the people matters or it does not matter. In this case, it did not matter...but I bet dollars to donuts had it been rejected the gay groups would have been touting the will of the people all over the place.

Some seriously profound failures of nuance in your hypothetical analysis here, as you are removing the terms of the issue from your predicted outcome of a situation that doesn't exist.

"the will of the people doesn't matter" is not what they are saying--people who reject prop 8 are saying: the will of the people can not disenfranchise the rights of a group, as that is unconstitutional.

it is not, simply, "the will of the people doesn't matter."

the fact is, "the will of the people" is a non starter, as prop 8 was, in essence, an illegal ballot measure. This isn't an issue of whether "the will of the people" matters or doesn't matter, because it does not apply here.


The will of the people does matter, but it is illegally applied with prop 8.