Originally Posted by novaseeker
... but alas without judicial review, we are simply left with majoritarian goodwill as the guarantor of minority rights, and of course that doesn't work very well, as we all know.
In other words:
"In my opinion the main evil of the present democratic institutions of the United States does not arise, as is often asserted in Europe, from their weakness, but from their overpowering strength; and I am not so much alarmed at the excessive liberty which reigns in that country as at the very inadequate securities which exist against tyranny."
Words written by Alexis De Tocqueville in his Democracy In American
1835. Chapter XV: Unlimited Power Of Majority, And Its Consequences - Part II
As far as judicial review is concerned, I believe our rights will not be furthered, as has been noted by many scholars, until gay people are considered a distinct 'class' - as blacks were in the attainment of civil right.