Glenn Greenwald: The California marriage decision and basic civics

The Brookings Institutions' Ben Wittes has an article in The New Republic decrying the decision of the California Supreme Court striking down that state's discriminatory marriage law. Wittes' criticism of the decision reflects the standard attack on the California Supreme Court, an attack that relies upon what can only be described as profound ignorance about how our system of government works.

Wittes' principal objection is that the California court's ruling was wrong because it is contrary to evolving democratic efforts to forge a "compromise" on the issue of gay marriage and because a large majority supports the law (h/t Andrew Sullivan):

Another cost is that slow drip-by-drip accretion of power to courts, that steady undermining of the right of people to govern themselves. In California, the deprivation of that right is exquisitely on display, for the compromise the court upset involved decades of negotiation and movement. The nucleus of California's domestic partnership law dates from the late 1970s. Over time, it has grown more generous, by 2006 including all of the rights and obligations of marriage. In 2000, however, the people of California voted overwhelmingly to limit marriage itself to opposite-sex unions. The legislature has twice voted to extend marriage to gay couples -- and Governor Schwarzenegger has twice vetoed the bill. The current arrangement, in short, reflects a series of evolving compromises set against the backdrop of a quickly developing social consensus concerning the value and honor of same-sex relationships -- a process that the court treated as just so much bother on the way to a self-evident truth. Once upon a time, this bother had a name. We called it democracy.