Referendum: a lawmaking procedure by which voters approve or disapprove a measure on which the legislature has asked the citizens to vote.

Initiative: a procedure by which voters may directly introduce AND vote into effect a law or amendment to their state constitution

Judicial Review: the power of a court to declare laws and actions of the government invalid if they violate the Constitution

Please read the article. After reading, consider the following:CONSIDER: Should this issue be decided by:

- referendum? – directly by a vote of the people

- legislation? – by our elected lawmakers

- by the courts? – based on the rights

guaranteed to citizens in the Constitution

ANSWER: Working with a partner, evaluate one strength and one

possible weakness from each system. List these on a piece of paper. (This might be most effectively done by using a “T-chart”.)

Put a star next to the system you and your partner think would best decide this issue.

For brief discussion…

Do you think your choice about how to deal with this matter is influenced by support for or opposition to the issue of same sex marriage?

Would your opinion be different about a different issue? (Police searches, freedom of religion, etc.)

Majority Rule with Minority Rights: For most issues, the majority opinion is believed to be the best way to make decisions. But in no case can the majority make decisions that would strip the minority of its rights (e.g. the rights to: voting, equal justice, property, freedom of speech and religion, etc.)What about:

Rights for racial or ethnic minorities Building a mosque near the site of the 9-11

attack? Racial and religious profiling at airports, etc Klu Klux Klan rallies? Nazi holocaust deniers?

Loving v. Virginia (1967)Richard & Mildred Loving