Look, the whiners on the Right who want to characterize these issues as disputes that should be decided by the voters ignore a basic fact about people. Human beings are jerks.
C’mon. We’re selfish pricks. We want what we want for ourselves and we don’t want anybody else to have it, or to tell us we can’t have it. Most of us would vote “yes” on a ballot measure saying our neighbors have to turn the damn music down. Most of us would vote “no” if the ballot asked if we should turn our own music down. I’d like to pass a resolution declaring failure to use a turn signal on the freeway grounds for justifiable homicide and anybody who’s ever driven the Eisenhower during the evening rush will agree with me. I also wouldn’t mind putting my pin through a chad in favor of having basic shopping center skills taught in public schools. You do not halt your fat ass at the bottom of the escalator, lady, and stand there looking for the cosmetics counter as people pile up behind you.
And if we started voting on all the things I found icky, well, first of all we’d have no spiders, and possibly Norm Coleman would have to go around with a bag over his head.
My point is that there’s a reason the courts decide these things. There’s a reason our laws are grounded in a sense of fundamental fairness for all. It’s to protect us from our own worst impulses. Right now, especially, our worst impulses seem to be in charge. I’m glad to see the courts ruling over and above them.