Why is it so important to legalize same-sex marriage through a legislative or popular vote?
A successful legislative or popular vote will show that the people accept and support marriage equality. In doing so, it will undermine the oppositions rhetoric about activist judges imposing same-sex marriage on an unwilling populace. Such arguments about judicial activism are central to the proposed federal constitutional amendment to ban gay marriage. While the landmark judicial decision in Massachusetts is a major victory to be celebrated, democratic legalization of same-sex marriage will, in some ways, be an even greater step in the move toward acceptance and equality. And it could even help to protect our federal constitution from unnecessary and discriminatory amendments.
