The Correct vs. The Popular
Robin Tyler was one of the original plaintiffs in what became In Re Marriage Cases, for which the recent decision overturned prohibitions in California on same-sex marriages. In an article of personal reflections, she made these observations (obviously, among other interesting observations):
In a Los Angeles Times article on May 18, Chief Justice George indicated that he saw the fight for same-sex marriage akin to the legal battle that ended laws banning interracial marriage. He also realized that this ruling more than any other thing he does as Chief Justice, will define his legacy.
Diane and I agree. Chief Justice George, I don't know if the laws of the State will allow it, but if you are free that day, we would consider it an honor if you would marry us.
Opponents of equal marriage rights for gays and lesbians are fond of pointing to national opinion polls which show a minority of support for such rights. What they conveniently omit is the fact that huge majorities opposed inter-racial marriage rights during the era when the courts struck down the racist laws. A 1958 Gallup poll found that 96% of white Americans opposed inter-racial marriage rights. An overwhelming majority still opposed equal marriage rights for inter-racial couples at the time of the 1967 Loving decision. It wasn't until 1991 that the majority of Americans believed inter-racial couples should have the right to marry.
[Robin Tyler, "Let Them Eat Cake", Huffington Post, 21 May 2008.]
I am continually surprised at the duplicity of the anti-"activist-judges" crowd who claim, nowadays, that they fully concur with, say, Loving v Virginia, or Brown v Board of Education. I also fail to understand how the deniers so readily label the courts as undemocratic when they are established in the Constitution as part of the three-pillared system of government for our country.
Okay, I actually do understand but, rhetorically, I don't understand.