There, I said it.
Majorities suck. There is no reason to let majorities define morality for the rest of us. Even if I get Kos-trated, I'll still say it.
That's why we have the Bill of Rights. That's why we have the 14th Amendment, to ensure that the state governments, like the Feds, cannot use the tyranny of the majority to abuse individual rights. A key part of the 14th Amendment says: "no state shall ... deny to any person within its jurisdiction the equal protection of the laws."
That should have been the basis of the court decision blocking Prop 8 in California. Equal protection. The majority wanted Prop 8. The majority can go jump in the lake.
Not sure why the court used that crap about dignity. This is straightforward equal protection. You can't say we allow a contract between two consenting adults, depending on whether the majority happens to approve of those adults and their lifestyle. If the contract is valid and the state is going to insist on enforcing it, then that contract must be available to any couple that qualifies under the conditions for valid contract.
Majorities do not, and cannot be allowed to, define morality. In Prop 8 in California, the majority overstepped. The court did what courts should do (though their reasons were stupid: it's JUST EQUAL PROTECTION!).
Majorities suck. Why would anyone expect to find rectitude in the multitude?
And if we don't trust majorities to choose morality / religion / restrictions on speech for the rest of us, why would anyone trust voters to pick the right candidate? After taking these abuses, I'm warming to the Electoral College. It recognizes the importance of states in the Constitution, it increases motives for participation in battleground states, and it gives voters in small states more of a say. Sure, there are good arguments against the Electoral College, but just saying that "majorities should always get their way" means you need to go back to school.
The US is not a democracy. We don't trust majorities, because of stupid stuff like slavery and the Alien and Sedition Act, and the Patriot Act, and Prop 8. There is nothing special about the majority will, it's just what most people happen to believe.
(Note: This post was edited to remove two typos)