The news is rife with stories of opposition to various issues of morality and legality…but none more so than marriage equality/gay marriage/whatever you desire to label it.
The crux of opposition centers around judicial rulings that state prohibitions on gay marriage are unconstitutional. The opposition claims that these rulings override the ‘will of the people’…and inn many cases, based on elections and initiatives, they do. On the surface.
However, this premise rests on the notion that ‘the people’ are Constitutionally empowered to create or retain law based solely on a majority opinion of religious morality….regardless of secular value.
So my question, to any and all, is this: does the American polity, nationwide or at the state level, retain the Constitutional power to create or retain law that prohibits an action of the minority, yet is legal for the majority….and where the basis for such a prohibition contains no public safety risk or burden upon said majority?