The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.
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Justice Jackson, West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943)
When Prop 8 was first overturned in California, and Prop 8 supporters complained about violating the “will of the people,” I immediately thought of this quote. Keep it in mind as the gay marriage cases make their way through the courts.
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