California Court can't seem to make up its mind

Californians just can’t seem to make up their mind about the extremely controversial Prop. 8. Or rather, maybe it is the Supreme Court of California that can't make up its mind. Either way, this is an issue that seems to be far from over.

Before May, the California Supreme Court made a landmark decision in allowing same-sex couples to marry in California. However, this past November, California citizens (most of whom were conservatives) used their powers of initiative and referendum to vote to overturn this decision. The decision to pass Proposition 8 passed with a slim majority of only 52%. Some thought that was the end of it, that now gay couples could not get married, and that those who already had already gotten married, would face uncertain futures.

But now, the Supreme Court in California has decided to re-evaluate this passage of Proposition 8, and decide whether the ban on gay marriage is actually constitutional. The Court has agreed to review the case of the almost 20,000 gay couples who were married before the ban was passed, and to discuss whether their marriage will remain legal or not. Furthermore, they will be looking into and contemplating whether or not Proposition 8 denies gay couples equal-protection under the California Constitution.

So why is there still such controversy about Proposition 8? It passed with 52% of the votes. The majority spoke, so shouldn’t that be the end of it? Not according to the the opponents of Proposition 8. They have been arguing ever since it passed, that it is wrong to allow the public to effectively change the constitution, simply by power of their popular vote. These opponents say the California courts should not allow the people to make such a drastic decision, and that Proposition 8 was a "fundamental change to California’s State Constitution." They argue that major revisions such as this one, cannot be decided upon by simply polling the public, and allowing the majority to make such drastic decisions. They argue against the plebiscitary way of democracy and say that, instead, any revisions to the Constitution can only be put on the ballot for vote by a 2/3 vote of the State Legislature. In other words, they argue that the people can’t simply get thousands of Californians to sign a petition, and then have it appear on the ballot to be voted on. They believe the measure needed to go through the legislature, before even appearing on the ballot in November.
In my opinion, opponents are right to say that California shouldn’t allow this type of plebiscitary democracy. For decisions as controversial as this one, it is absolutely necessary that the judiciary, in conjunction with the legislature, use their wisdom and judgment to come to a decision. This decision should not be based on the outcries of the public, because, as we can see, the public will never be happy. For every 52 California citizens who were happy about Proposition 8, there are another 48 who are devastated with the decision.

The people are obviously biased, and clearly everyone has their own beliefs and convictions. That is precisely why we need to allow what is supposed to be an impartial 3rd party i.e., the courts and the legislature, to decide these issues. Furthermore, we shouldn’t amend the State Constitution based on "majority rule" of the people, when 52% barely even constitutes a majority.

Whatever their personal opinions are, most Californians are supportive of the Court decision to review Proposition 8. Either way, this will mean that Proposition 8 will get its day in court, and the right to a fair trial. Hopefully this time, though, the court will make a decision, and stick to it.