Saying 'no' to tyranny by ballot (Marriage fairness "in the best tradition of James Madison")

Tyranny by ballot

By Derrick Z. Jackson | June 16, 2007

OPPONENTS of gay marriage say democracy was stolen by the Massachusetts Legislature. Former governor and Republican presidential candidate Mitt Romney said, "Unfortunately, our elected representatives decided that the voice of the people did not need to be heard."

To the contrary, the Legislature, by voting to keep a gay marriage ban off the 2008 statewide ballot, acted in the best tradition of James Madison.

Madison, writing 220 years ago in the Federalist Papers No. 10, said that the regular vote is sufficient "relief" when a majority is needed to defeat the "sinister views" of a divisive minority. But Madison clearly noted that many measures "are too often decided not according to rules of justice and the rights of the minor party, but by the superior force of an interested and over bearing majority," where the regular vote "enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens."

(snip)

...The Legislature stepped in to end the theft of dignity. Madison or Hamilton wrote, "If men were angels, no government would be necessary."

This was a moment the Legislature had to be the guardian angel...

Full column:
http://www.boston.com/news/globe/editorial_opinion/oped/articles/2007/06/16/tyranny_by_ballot/