Representative democracy is about more than accommodating popular opinion; it is about avoiding the tyranny of the majority.
Democracy = whoever has the most votes, wins.
In the end, what the state Constitution says matters more than what Bob Kraft or Sean O'Malley think.
She's absolutely right.
Right now, the Constitution of Massachusetts excludes gay marriage ,just as the New York decision validates. Margaret Marshall had no power. She still has no power. The person who inaugurated the illicit marriage licenses is Mitt Romney.
That is why, in 1981, the SJC invalidated as unconstitutional a state law banning public funding of medically necessary abortions. To do so, the high court ruled, would treat poor women as a class separate and unequal to their more prosperous neighbors. That discrimination is illegal under the Massachusetts Constitution, the SJC ruled, even though the US Supreme Court had found no such protection for poor women in the federal Constitution.
A chapter in How Anarchy took over making Law in the United States.
With traction going in the opposite direction of their expectations, it has to be shocking.