Contrary to popular belief, the United States is not a pure democracy. Instead, we are one type of democracy in particular: a republic. The difference may not be huge, but it is an important distinction.

A pure democracy is one ruled by the mob; whatever 50.1% of the population votes is the law. In a republic, the people are governed by the law; the rights of the other 49.9% are protected by the law. In our case, it is the Constitution that protects the other 49.9%.

Perhaps the California Supreme Court should have kept that thought in mind before ruling in Strauss v. Horton last week, when they declared that Proposition 8 was valid. Prop 8 was a ballot proposition which voters in that state that passed last year, making gay marriage illegal.

Under the Fifth and Fourteenth amendments of the Constitution, neither the federal government nor states are allowed to “deprive any person of life, liberty, or property, without due process of law.” Does one not have the basic liberty to marry whomever one chooses?

Although California may be lost – for now – there are other states that are currently having active debates on legalizing gay marriage. New Hampshire is virtually assured to pass a law soon allowing same-sex marriage, and New Jersey is also considering doing the same.

New York is likely where the next large battle will be. The New York Assembly recently passed legislation that would recognize gay marriages; however, it is uncertain whether or not the state Senate will pass it. Local senator Thomas Duane, who is the main proponent of the bill, believes he may have the votes of several Republicans, but does not yet plan to call for a vote on the bill until he is sure that the measure would pass.

While all this happens at the state level, there is not much political discussion nationally because it is too politically sensitive. Sadly, President Obama does not support gay marriage, but only civil unions. If he would switch his position, his backing would greatly aid the equality cause.

If he does not, the courts still have the responsibility to legalize same-sex marriage. Just as they were the only ones who could end segregation, they need to protect the Republic from a tyranny of the majority today.