It forces us to consider why we have rights.

By Kermit Roosevelt

Philadelphia - What now for California? In May, its Supreme Court announced a right to same-sex marriage. Gays and lesbians rushed to take advantage of the opportunity; by early November, 18,000 such marriages had been performed. But on Nov. 5, they stopped. By a 52-47 percent margin, California voters approved Proposition 8, an amendment to the state constitution prohibiting same-sex marriage.

Immediately, gay rights supporters filed lawsuits asking to overturn the ruling. Critics are calling Proposition 8 an illegal constitutional "revision," fundamentally altering the guarantee of equality – not a more limited "amendment."

This suit raises a serious question: When should a majority have the power to take away a constitutional right granted by a court?

It's a question that forces us to think about why we have constitutional rights in the first place, and why they are enforced by judges. But it is not simply a theoretical puzzle. All of us enjoy constitutional rights, and most of us are at some point in a minority. All of us could be affected.

http://www.csmonitor.com/2008/1114/p09s01-coop.html

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