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Originally Posted by kalipygian  Not necessarily.
A court can do the right thing, even when a majority of the people do the wrong thing, and pass an unconstitutional constitutional amendment.
A very similar one was passed by the people here, in 1998. The Supreme Court ruled unanimously that it would be discriminatory to deny domestic partner benefits to public employees. They presently have them. |
How can a handful of people decide what is the right thing when hundreds of thousands or even millions of others have decided otherwise. The role of the courts is to interpret the law- period. It takes activism to a whole new level for them to impose their definition of the "right thing" on millions of people.
In the case you sited, the ruled that it was discriminatory to deny benefits to public employees based on some part of the state constitution or legal precedent, not because it was the "right thing" to do.