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Post Prop 8 Optimism

An interesting piece in the Washington Post today about the future direction of gay marriage in California vis-a-vis Prop 8. Dartblog has offered contrasting perspectives on the subject, see here and here, but agreed that the constitutional expressions of voters should be respected, certainly over judicial dictation.

That is the contention of Jeff Amestoy, the former Chief Justice of the Vermont Supreme Court. Amestoy says that the constitutional amendment to ban gay marriage, Prop 8, should be considered ratified and legitimate, but that the ultimate victory for gay marriage movement may be found in the principle of “the right of ordinary citizens to maintain authority over their state constitutions.”

Amestoy believes, as I do, that this democratic practice and safeguard will ultimately lead to the best results (in this case legal but popularly legalized gay marriage) a fundamental premise for those of us who believe in democracy.

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