Republic Vs. Democracy: Gay Marriage and Proposition 8

In a pure democracy, 51% completely silences the other 49%. Our country is a republic, not a democracy.

I am watching the hearing currently being held at the California Supreme Court regarding Proposition 8, which bans gay marriage and passed with 52% of California voters. The court decided that denying gay couples marriage rights was unconstitutional, and for over 4 months gay couples were legally able to wed in California. One reason for the court is to protect the minority from the majority. That is one of the main differences between a democracy and a republic.

We the people elect public officials by a majority vote. These officials represent us. Some of these officials have the power to appoint court justices. Judges are chosen to interpret the the constitution and protect it. They are not appointed to simply go along with the majority of the public. The appointed justices are confirmed by a whole body of elected officials. They are indirectly chosen by a great majority of voters to interpret the law and make decisions.

What's the point of having such a system if a simple majority of votes can overturn anything? Here's some food for thought: What would have happened if integrating schools was left up to voters in the South? What if interracial marriage was decided by voters and not the courts? By the way, the courts were called "activist" in both cases.

I didn't write this to argue a stance on gay marriage. But the issue brings up a very serious distinction. In a democracy, there are no civil rights except those granted to the minority from the majority. The republic of the United States is dedicated to "liberty and justice for all". In a jury, one vote can stop the majority. We "pledge allegiance to the flag of the United States of America, and to the republic for which it stands"... We're not pledging to a democracy... We must recognize this when dealing with social constitutional issues. We have in the past and will again in the future.