Because the courts are populated with liberal activists who pick and choose what laws to legislate from the bench.
That is the big problem here, from my perspective.
When I read in Lawrence that the US Supreme Court had used European law to justify their opinion, I was flabbergasted.
I expected the SCOTUS justices to use some subterfuge explaining away their controversial decision, but I was taken aback at their brazenness in invoking foreign law.
The way I see it, if President Kerry appoints a couple of new justices to the SCOTUS, the new-and-improved SCOTUS will feel free to use European law and the UN Human Rights Charter as de facto world constitutions, overriding our humble but time-tested US Constitution.