.BTW about voting away the civil rights of a minority (granted this case was about the civil rights of school-children, but....)<quoted text>
No constitutional right was voted on. The right to marry, enter into a legally recognized union of husband and wife, remained the same both before, and after, in those states that voted to confirm the definition of marriage as a union of one man and one woman, as husband and wife, via state constitutional amendment.
West Virginia State Board of Education v. Barnette 1943 (SCOTUS Majority Opinion)
"The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One's right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.”