The very purpose of the Bill of Rights and the Constitution is to protect minority rights against majority voters. Every court decision that strikes down discriminatory legislation, including past Supreme Court decisions, affirming the fundamental rights to marry the person you love, overrules a majority decision.
Interpretation
The quote emphasizes the role of the Constitution in safeguarding the rights of minorities from the will of the majority.
David Boies highlights the fundamental purpose of the Bill of Rights and the Constitution: to ensure that the rights of minority groups are protected, even when faced with decisions made by the majority. This perspective stresses the importance of judicial oversight in upholding individual rights, particularly in matters such as marriage equality, where historical court decisions have reaffirmed that love should not be dictated by societal majorities.
In practice
During a speech advocating for marriage equality, this quote could underline the importance of protecting minority rights.
One of the things that the court held in Brown v. Board of Education is that government can't impose a badge of inferiority on some of its citizens. Yet that is exactly what Proposition 8 does with respect to gay and lesbian couples in California.
It's terribly important that we extend the promise of equality that the Supreme Court and that the district court articulated in the DOMA case and in the Perry case to all Americans in all 50 states.
We put fear and prejudice on trial, and fear and prejudice lost.
Unlike people of my generation, my children and my grandchildren have grown up living with, knowing, people who were outwardly gay and lesbian. And they have learned that they're just like us... And when you see that they're just like us, the rationale for discrimination melts away.
We're now segregating our schools based on economics; we're segregating our schools based on where a child's parents live. And it has the same corrosive effect of destroying people's opportunity as racial segregation did.
Morality is stronger than tyrants.
Creation is not a property, which we can rule over at will; or, even less, is the property of only a few: Creation is a gift, it is a wonderful gift that God has given us, so that we care for it and we use it for the benefit of all, always with great respect and gratitude.
There we were - demented children mincing about in clothes that no one ever wore, speaking as no man ever spoke, swearing love in wigs and rhymed couplets, killing each other with wooden swords, hollow protestations of faith hurled after empty promises of vengeance - and every gesture, every pose, vanishing into the thin unpopulated air. We ransomed our dignity to the clouds, and the uncomprehending birds listened. Don't you see?! We're actors - we're the opposite of people!
So virtue is a purposive disposition, lying in a mean that is relative to us and determined by a rational principle, and by that which a prudent man would use to determine it. It is a mean between two kinds of vice, one of excess and the other of deficiency.
All good biography, as all good fiction, comes down to the study of original sin, of our inherent disposition to choose death when we ought to choose life.
It is often argued that religion is valuable because it makes men good, but even if this were true it would not be a proof that religion is true. That would be an extension of pragmatism beyond endurance. Santa Claus makes children good in precisely the same way, and yet no one would argue seriously that the fact proves his existence. The defense of religion is full of such logical imbecilities.
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