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Dear prop 8 supporters…

October 17, 2008

…and everyone who uses the phrase “activist judges”.
That’s the point.
Democracy does not mean majority rule. It means majority rule limited by minority rights. That’s why judges are given the power to interpret laws or decide that they are not legal. The fact that a majority of people might vote one way does not mean that way is correct. For much of our history the majority would not give blacks or women equal rights, but the courts stepped in and changed that, and now we take those facts for granted. It is not some outlandish sort of activism that causes judges to declare something against the Constitution, but instead exactly what they are supposed to do.

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