Quote Originally Posted by Koga No Goshi View Post
Your understanding is flawed in this case. The Constitution doesn't say everyone has to drink from the same water fountains or attend the same schools either, but state-passed laws saying that water fountains and schools are only for certain races is unconstitutional nonetheless. Which was determined FIRST by courts, and only later by legislation.

Something doesn't have to be specifically delineated in the Constitution for a Constitutional violation to occur when a law is passed on that topic. I'm sure the Constitution does not specifically say anything about how it's not okay to murder Texans in California, but a law saying it is okay to do so in California would be unconstitutional, and stricken down by the courts. And that would be the judicial system working perfectly - though some would call it legislating from the bench.
Comparing this to civil rights is a rather erroneous comparison and if the movement continues down this road it will only inflict more deafeats on itself.

Well considering murder is kind of an affornt to the pursuit of life as stated in the California constitution

SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.
The court would be within there rights as that is explicitly stated. There is nothing about marriage therefore this should've gone to the legislature. It didnt because the gays saw an opportunity to get it done through the courts because they knew they would take a VERY liberal view on the word happiness. Now its biting them. So poo on them for being dumb and not appealing to the mainstream.