The Prop 8 Litigation: Good for Gays, Not Good for Democracy

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I am quite pleased the result of the Proposition 8 litigation. I believe that gays should have the right to marry, and I agree with District Judge Walker’s conclusion that Prop 8 violates the Equal Protection Clause, because there is no rational basis for it.

But the process bothers me. An important party got lost in the shuffle: democracy.