The Wall Street Journal on California's Prop 8:
[W]hen courts usurp the role of the people, they inject cynicism and bitterness into America's body politic. In his dissent in Casey v. Planned Parenthood (1992), Supreme Court Justice Antonin Scalia put it this way: "[B]y foreclosing all democratic outlet for the deep passions this issue [legalized abortion] arouses, by banishing the issue from the political forum that gives all participants, even the losers, the satisfaction of a fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the Court merely prolongs and intensifies the anguish."
Plainly this is what we have seen with abortion. With the latest intervention by the California Supreme Court, it is beginning to look the same for same-sex marriage. How much healthier our politics would be if those so convinced of the rightness of their views would have equal faith in the decency of their fellow Americans -- and their openness to being persuaded by clear, fair and honest argument.
"Gay Marriage and the California Courts," November 25, 2008