Argument: Public opinion should not effect right to gay marriage
Gail Mathabane. "Gays face same battle interracial couples fought." USA Today. January 25, 2004: "Critics of gay marriage point to polls that seem to support their position. In a USA TODAY/CNN/Gallup Poll last month, 65% said they oppose same-sex marriage. But mass opinion should not dictate judicial decisions. In 1948, when California became the first state to strike down a ban on interracial marriage, nine out of 10 Americans opposed such unions."
David Boies, a lawyer challenging California's ban on gay marriage, otherwise known as Proposition 8: "People's personal views of the appropriateness of same-sex relationships naturally influence their views of our lawsuis. However, it is important to remember that the legal question does not, and under our Constitution cannot, depend on people's personal preferences."