Voters really need to twist the arms of federal and state lawmakers to make it a punishable crime for judges and justices to apply the deceiving words “constitutional” and “unconstitutional” alone to their decision on any issue. Sadly, today’s law school-indoctrinated judges and justices evidently need to be forced to reference specific constitutional clauses, or declare the Constitution’s silence about a given issue in the interest of state sovereignty, which reasonably makes a given law constitutional or unconstitutional.
Next, OK and VA bans on gay marriage are perfectly constitutional for the following simple reasons. First, the Founding States had made the 10th Amendment to clarify that the Constitution’s silence about any issue, marriage for example, means that such issues are automatically uniquely state power issues.
Next, the states have never amended the Constitution to expressly protect so-called gay rights. So the states are free to make 10th Amandment protected marriage laws which discriminate against constitutionally unprotected gay issues, as long as such laws don’t also abridge constitutionally enumerated rights.
Whay you say is true, however, liberal judges don’t agree. Instead, liberal judges have decided that there should be a constitutional right to homosexual marriage, and are issuing decrees based on their feelings, not on the law.