Was Proposition 8 in California, which banned same-sex marriage in the state, unconstitutional as a recent court ruling declared?
How is it unconstitutional to change the constitution in accordance with the constitutional process for doing so!?
"In the end, what the Court fails to grasp or accept is the basic premise of the initiative process. And it is this. The essence of democracy is that the right to make law rests in the people and flows to the government, not the other way around.
Freedom resides first in the people without need of a grant from government. The California initiative process embodies these principles and has done so for over a century."
I completely agree. Just playing Devils advocate here, but it is the duty of the courts to ensure that there is no tyranny of the majority against the minority (which are, in this case, homosexual couples).
No it's not. It's the duty of the court to enforce the constitution.