Much has been said about same-sex marriage on cable news, in magazines and on talk radio. For the average person, the debate appears reduced to personal moral preference – either a liberal preference for pluralism, or a conservative preference for tradition. Unfortunately, it is frequently forgotten in the process that the two are largely irrelevant in the American legal system.

The decision by Federal Judge Vaughan R. Walker, who reversed Proposition 8, reaffirmed this principle. No matter what “ick factor” the majority of voters might see in same-sex marriage, their personal tastes do not add up to a Constitutionally valid, or particularly coherent, judicial philosophy.

The Founding Fathers anticipated this sort of conundrum. As a result, they designed the government such that power is diffused. Most important, they took the brilliant step of providing the judiciary with responsibility for serving as a check on unconstitutional acts by other branches of government, and groups of citizens bent on curbing the rights and privileges of unpopular individuals and groups.

This is not an issue of Left or Right. It is about honoring the letter and spirit of the Constitution.

Judge Walker’s decision reaffirmed the legal right of lesbians and gays to enjoy equal rights and opportunities with everyone else, including married heterosexuals.

Nonetheless, we understand that this battle is not over. Just as popular initiatives can be overturned, so can court rulings.

In 2005, a Nebraska judge ruled in favor of same-sex marriage, but his decision was subsequently reversed by the U.S. Court of Appeals. Judge Walker’s admirable decision may eventually be subjected to a similar fate.

In the Federalist Papers, James Madison put this articulately, “It is of great importance in a republic not only to guard the society against the oppression of its rulers but to guard one part of the society against the injustice of the other part. If a majority be united by a common interest, the rights of the minority will be insecure.”

Judge Walker’s decision shows that Madison’s wisdom is still alive. We applaud his courage, and recommend that our fellow citizens support the notion that all citizens in this nation are entitled to equal rights, regardless of their sexual orientation.

We firmly believe that, were they alive today, the Founding Fathers would strongly agree.