Freedom Line Blog

As usual, Troy puts his finger on the essential issue in an otherwise complicated matter. Writing with John Yoo for City Journal recently our Senior Fellow explains how the Supreme Court’s ruling in California’s Prop. 8 case – that the official proponents of the traditional marriage law have no standing to defend it when state officials refuse – will have a chilling effect on direct democracy, and with it, dash any hope of checking radical leftwing politicians.

“Regardless of how one feels about gay marriage as a policy matter, the Court’s ruling creates a chilling legal precedent for the future of direct democracy—that is, passing laws by popular vote. The opinion dictates that any law that an electorate passes can be invalidated if it is challenged in court and the state’s constitutional officers refuse to defend it. This amounts to an executive-branch veto for laws approved by an electoral majority. Direct democracy is far from perfect; it often oversimplifies issues and insulates voters from the consequences of their policy choices. At its best, however, it allows popular majorities to tighten the reins on out-of-touch politicians. The Prop. 8 ruling loosens those reins.
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“All conscientious Californians should be disturbed by the sweeping implications of the Prop. 8 ruling, but it augurs especially poorly for the state’s shrinking cadre of conservatives. With every statewide elected office and both houses of the state legislature controlled by Democrats, only the initiative process gives California conservatives a real chance to have their voices heard. As a result of the Court’s ruling, California liberals now have a mechanism by which to frustrate this last meaningful check on their dominance. The state’s future will only grow dimmer, and the Supreme Court will deserve the blame.”

The entire article can be read here.