Many observers of Tuesday’s election attribute President Bush’s victory to the high turnout generated by ballot initiatives against gay marriage. But the 11 states with gay-marriage initiatives on the ballot were either reliable Bush states, such as Georgia and Montana, or states that Mr. Bush ultimately lost, such as Michigan and Oregon. In every state save Utah, the marriage initiatives received more votes than the president. Just more than half of Arkansans voted for Mr. Bush, but 75% of them voted against gay marriage. In North Dakota, 63% of voters went for Mr. Bush while 73% voted to ban same-sex marriage. In Mississippi, only 60% of ballots were cast for the president, but fully 86% went for traditional marriage. Even in Ohio, the only state where the marriage issue might have made a crucial difference, traditional marriage captured 62% of the vote compared to Mr. Bush’s 51%.

The initiative results suggest that, regardless of their preferences for president, voters in these states do not support same-sex marriage. The consensus transcends partisan divisions. These results only strengthen the case against imposing same-sex marriage through the courts rather than the democratic legislative process. In Florida on Tuesday voters approved an amendment to their state’s constitution that allows the state legislature to pass parental-notification laws. The ballot measure was a response to Florida Supreme Court decisions that struck down such laws as unconstitutional. When judges try to overrule the public through the constitutional process, they make the Constitution itself subject to political changes.

Voters also reacted to the judicial system by demanding tort reform in Florida and Nevada. Floridians approved three constitutional amendments. One caps attorney fees in medical malpractice suits, while the other two require public disclosure of malpractice incidents and the loss of a physician’s state license after three incidents. In Nevada, voters put a limit of $350,000 on pain and suffering damages in malpractice suits. Similar limits were rejected, however, in Oregon and Wyoming.

Washingtonians voted to adopt an open primary system while Californians decided to keep closed primaries. Oklahomans decided to allow slot machines at racetracks, while Californians and Floridians rejected doing the same-a recount, however, may alter the outcome in the Sunshine State.

The minimum wage in Florida and Nevada will increase to $6.15, following a decision of the voters in those states. Voters in Colorado, Montana, and Oklahoma decided to raise taxes on cigarettes by varying amounts. A ballot measure in West Virginia permits state lawmakers to allocate taxes or sell bonds to pay bonuses to veterans of Kosovo, Afghanistan, and Iraq. While federal funds for stem cell research remain limited, California voters approved a $3 billion state-level fund for stem cell research. Medical marijuana remains illegal in most of the country, but no longer in Montana.

To us, the flurry of democratic activism is a credit to America’s federalist system. If there’s one great lesson of this year’s presidential campaign, it’s that Americans don’t always see eye-to-eye. Fortunately, Americans can adapt their laws and institutions to their own particular circumstances from state to state. Some political factions want nine unelected lawyers in Washington to make social policy for the whole nation. That only makes the political fights more bitter. But in the end, the election just ended suggests, the people will assert themselves.