Regarding the so-called constitutionality of gay marriage, people don’t seem to understand that the Constitution doesn’t say yes or no to many issues. This is because the main purpose of the Constitution is to clarify the division of federal and state government powers as evidenced by the 10th Amendment.
Regarding gay marriage in the context of the 10th Amendment, since the states have never amended the Constitution to expressly address gay marriage, the Constitution’s silence about it means two things.
Government power to regulate marriage is automatically and uniquely a state power issue.
Gay marriage is not an express, constitutionally protected right. So the states are free to use their 10th Amendment-protected powers to regulate marriage to prohibit constitutionally unprotected gay marriage.
The consequence of inexcusably widespread ignorance of what the Constitution does is that pro-gay activist judges are getting away with wrongly ignoring the 10th Amendment-protected power of the states to prohibit gay marriage.
Bingo!