It's not the "libertarians fault". It is a fault by those libertarians cheering the finding of rights in the penumbra of the Constitution once again by the 9 robes.
The same people who roundly criticised O'Connor and the 4 dwarves for replacing the word "diversity" for equal protection under the law are here today cheering her and Kennedy for again ignoring the Constitution and legislating from the bench.
Two different things.