Same Sex Marriage Update

Maine residents voted this week to stop legislation that legalized same sex marriage. If you remember, California voters pulled a similar move last election, voting to stop same sex marriage after the Court ruled that it was constitutional.

Let us assume that same sex marriage is a constitutional right (I think it is, but maybe some of you don't). If the courts or legislature decide something is legal, is it up to the people to decide whether or not they agree with the courts? Which of our constitutional rights can be decided by majority vote? And if the legislature passes an unconstitutional law, isn't it the job of the courts to to decide that, not the voters? I'm all for the power of the people (the US has passed a lot of bad laws), but the people shouldn't have the power to vote for things that go against constitutional rights, right? After all, the idea behind constitutional amendments, in part, is to protect the rights of minority groups.

It's wistful thinking, I know. Unless the federal government decides a constitutional amendment, the states have the ability to change it, so there's really no saying that its unconstitutional. But its frustrating. Very frustrating.