Quote:
Originally Posted by _Richard_
all these things were against public opinion.. so the example does a great job in trying to show you that people shouldn't be allowed to vote on rights that are based in discrimination
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There are lots of things against majority public opinion that are legal, the DIFFERENCE here is this was an issue put on the ballot and passed by the voters, this is HOW we make our laws. The judge is the one discriminating against the majority voters of California not the other way around.
The only other REAL precedent based on your loose comparison that can be made is Jim Crow laws, those were ill conceived and verys specific laws that could and were easily picked apart. Same-sex marriage is not even close to segregation.
Technically EVERY LAW is discriminatory to someone.