[tjwmason]

The judiciary is not the only branch that interprets constitutions.

I never said that it was. I merely stated that the activist elements of the judiciary are the targets of the amendment.

The point is that if a state wishes to create a civil partnership (or whatever term) they can do so - as long as it is not part of the constitution.

[lugsoul]

Ah, so now you are backtracking. It doesn't merely limit judges, right? It would prevent a legislature - or even the population of a state - from amending their own state constitution to grant the legal benefits of marriage to gay couples - wouldn't it?