Gay Marriage Against the Will of the People?

Prop 8 passed in California and similar bans on gay marriage passed in other states, as well. I've heard a lot of arguments against gay marriage, but none of them seem to pass the smell test. One that comes up frequently is that when those "four activist judges" overturned the law banning gay marriage they were acting in contravention of the "will of the people."

First of all, overturning unconstitutional laws is one of those things that the high courts are just supposed to do. Every time a law is deemed unconstitutional, overturning that law is against the will of the people (or the legislature that enacted it on the people's behalf). It's called checks and balances and it's a hallmark of our system.

Second, the will of the people isn't always a good thing. When it comes to civil rights and fundamental freedoms - and both the United States and California Supreme Courts have explicitly found the right to marry to be a fundamental freedom - the majority doesn't always necessarily act with the minority's interests in mind. When that happens, intervention is required to ensure the protection of those rights. If you don't believe me, just ask the folks in Little Rock.