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Originally Posted by Jerrek
If the majority of the people voted to amend the State Constitution, then clearly the courts are out-of-touch with reality. The courts are there to interpret the law, not make the law. We have a clear division of powers in the United States and Canada.
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It ties in nicely to something that Towny said and something that my mother has been arguing for a long time, that democracy doesn`t work because the average citizen doesn`t have the intellect to wield their vote in a sensible and well reasoned manner. The majority of people may have voted against the amendment, that is their right, but at the end of the day they are using that vote to legitimise their own bigotry because that is easier than facing up to their prejudice.
You don`t have a clear division between the powers of the court in the USA, otherwise the Supreme Court wouldn`t have been able to rule against the sodomy laws in Texas.