Quote:The idea that 5 men in black robes have the unilateral ability to overturn the expressed democratic will of the people, with respect to the fundamental definition of marriage, is inherently divorced from the democratic process. 

This is a fundamentally flawed point because the democratic will of the people doesn't always line up with the rights the US Constitution conveys upon citizens. I'm sure most people wouldn't mind if the Westboro Baptist Church just went away but if a local, state or federal office passed a law to enact the democratic will of the people they be sued and they'd rightly lose because the US Constitution guarantees free speech.

 

It's the same with gay marriage; the 14th amendment guarantees equal protection under the law and since marriage is a legally binding contract under US law those protections should be afforded to gay people as well. 

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