Should this vote be allowed to stand, every single minority group, from women, selected workers, African Americans, children, assorted ethnic groups, and selected classes of people would be vulnerable to having their current Constitutionally protected rights be rescinded by the will of the majority now or in the future, which is something the Founding Fathers deliberately chose to avoid, if not prevent.
That is one of the reasons why they set up the United States as a Democratic Republic rather than as a Democracy, where the tyranny of the majority might well prevail over Constitutionally guaranteed protections hitherto afforded each and every citizen in the U.S. to the detriment of us all, as well as to the very fabric of the social structure of the United States.
The California State Supreme Court last May stated that the historical denial of access to "marriage" to same-sex couples was now, and always was, unconstitutional; therefore, same-sex marriage must be allowed in California, and should always have been allowed in California.
It is unlikely that the California State Supreme Court would now, not only invalidate its own ruling because of the values and emotions of the majority of the voters in California at the time of the recent elections, but would want to be in a position of opening up the can of worms that would threaten each and every other minority group in California and, by possible extension, in every other state as well.
Renown [sic] constitutional scholar Tobias Wolff, an openly gay professor of law at the University of Pennsylvania Law School, filed an amicus brief on behalf of civil rights organizations.
"This lawsuit is about the rights of all minority communities in California," Wolff said. "If a ballot initiative and simple majority vote could be used to take away the rights of one unpopular group, then the rights of any group could be subjected to a popular vote. That is why some of the nation's leading civil rights organizations have joined together to support the challenge to Proposition 8."
[For the full article, see here.]
What was true for the African American civil rights struggle is no less true for the Gay rights struggle! Hear President John F. Kennedy:
Californians and the rest of the country should have learned the painful lessons taught in the struggle for African American civil rights and how the rule of law must trump the rule of the majority. Indeed, if the will of the majority ruled the day, we'd undoubtedly still have institutionalized Segregation in the U.S!
The dynamics of the overcoming of the discrimination against, and the oppression of, African Americans is no less relevant or true regarding the dynamics of overcoming discrimination against our Gay fellow citizens!
And our Constitution, as well as the lessons learned from American history, reveal that the overcoming of institutionalized discrimination against any minority group must lie with the Judiciary, and not be held hostage to the whims, politics and tyranny of any "religious" or secular majority of the people.