EDIT: The issue wit Proposition 8

This week the Supreme Court is reviewing the constitutionality of Proposition 8, a controversial California ban on same-sex marriages passed via a 2008 ballot question. The arguments before the Court yesterday and today have spurred emphatic demonstrations on both sides of the issue.

The Supreme Court justices have expressed doubts and conflicting opinions about whether they should overturn the ban. But in the end, the issue is simple. Everyone deserves the right to marry whoever they choose, just as everyone has the right to vote, speak and practice religion. Guaranteeing these basic rights to all sectors of the population has been a struggle throughout United States history. This is simply the latest example.

It is sometimes hard to believe that the debate over same-sex marriage is still so virulent. With nine states having already legalized same-sex marriage, it is hard to believe that Proposition 8 would pass if the referendum were held again today. Public opinion on same-sex marriage has shifted greatly over the last several years, and a one-time referendum should not permanently determine the fates of so many individuals.

Although ballot questions are an important way to make sure public opinion is represented in a political system in which progress does not always adequately reflect popular consensus, this can be dangerous when people can use this form of direct democracy to restrict the rights of others. In this case, the ban on same-sex marriage was an abuse of the democratic system, allowing people to dictate the rights of a minority group.

Governments exist to protect the rights of their citizens. When a group of people attempts to take away the rights of others, the government has a responsibility to step in and ensure this doesn’t happen. Liberal democracy is about both reflecting the opinions of the majority while protecting the rights of the minority. The second part of that definition is just as important as the first.

The U.S. prides itself on being at the forefront of protecting civil liberties. The fact that the right to marry freely is still consistently denied to people is a major black mark on that record. If Proposition 8 is overturned, the Supreme Court would send a strong message, and set a precedent about the basic constitutional right to equality for everyone. Then the U.S. would be a true world leader in ensuring equal rights for all people.