Article V related ping!
When the people of CA amended their Constitution in 2008 to define marriage as the union of a man and a woman, the Scotus was duty bound under the 9th Amendment, not to destroy it, but rather to defend the measure as a right retained by the people.
This is the essential problem. A person is chosen to be a Supreme Court justice who is a soulless, unchurched, unprincipled, ignorant, unread, agnostic (because too lazy to become an educated atheist and commit to any belief in anything).
Not that Kennedy is solely to blame.
None of these legalized gay marriage laws should have ever seen the light of day. Craven unprincipled legislators should never have drafted them.
It's probably way too much to expect our pols to pass moral laws, but could they at least NOT pass laws that cross the abomination line?
What makes this worse is that the Supreme Court could have achieved the same outcome with less damage to the constitutional structure simply by using the full fait ha and credit clause.
Article IV, Section 1 of the United States Constitution: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.”
IOW, they could have achieved the outcome they wanted simply by saying that if a couple is married in California or Massachusetts, for example, the state in which they reside must recognize that. Instead, they used a broad brush and invalidated all laws against gay marriage.
The only reason that marriage between a man and a woman is not defined in the Constitution is because the writers could never conceive that this country would ever define it as anything else...
Marriage is an institution created by God, not man...