President Bush discusses the Marriage Protection Amendment in this week’s radio address. I don’t buy that same-sex marriage reduces the number of hetero marriages, or increases the number of hetero divorces, or has any affect on the ability of mothers and fathers to attend to the welfare of their children. But that seems to be the argument on the table. As for the Will of the People, I don’t understand it, but I can’t argue with the numbers. I will say that Bush’s appeal to majority vote as “the most democratic solution” raises one of the trickier aspects of democracy, namely that popular will is not always just, and that we have to be particularly careful when deciding the fates of individuals that fall outside the majority. I have yet to see this important sublety enter the public debate. I can’t help but think that in the future we’ll view this amendment the way we view anti-miscegenation laws today, and that the so-called “activist judges” will be seen as fulfilling an important check-and-balance in our democratic system.