Letter: Constitution protects minority, not majority

Published January 1, 2014 1:01 am

This is an archived article that was published on sltrib.com in 2014, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

All of the conversation about a federal judge overturning the will of the Utah majority ignores a couple of facts of life in America.

First, the United States Constitution's primary purpose is to protect the minority, not the majority.

Second, if the people of Utah decided as a majority to allow slavery or decided that the LDS Church is the official state religion of Utah, should federal judges simply allow the people to decide such state matters? Of course not. Such "will of the majority" would violate the U.S. Constitution.

Until 1963 the will of the people of Utah was to ban interracial marriage, until the federal courts said otherwise.

Utah's Amendment 3 violates the equal protection clause of the United States 14th Amendment. Get over it.

Kenneth Avellino