A second clarification from Dr. Fleming:

A friend living in Europe just called, seeking clarification. Am I arguing, he wanted to know, against every using the law to enforce or reinforce morality? And, he added, is it really wrong for decent Californians to try to protect themselves by way of referenda? The answer to both is no. My broad point has to do with the proper relationship between government and other more basic institutions–family, church, community. Laws may and should buttress the common sense of morality inherited from our ancestors. When foolish or tyrannical rulers try to destroy our moral institutions, we should use the legal remedies available to us, including referenda. What I am objecting to is the blanket assumption that moral questions can be settled by an appeal to the principle of majority rule. Our goal should be to protect what we have left of our moral traditions from the intrusion of government, and therefore we should be very chary about appealing to the state and federal courts, if only because they gain power from every appeal–like the SciFi monsters that gain strength from attacks on them.