Courthouse Democracy and Minority Rights

In Courthouse Democracy and Minority Rights: Same-Sex Marriage in the States, Robert J. Hume shows how increasing the democratic accountability of courts has limited the ability of judges to act as reform agents. When judges are elected, or when their decisions can be easily overturned with initiative amendment procedures, they lose the capacity to stand up for the rights of the minorities. Hume bases his study on the issue of same-sex marriage, but his conclusions have implications for understanding the impact of all judges.