The people of California, said the Jimmy Carter judicial appointee and the Bill Clinton appointee, violated the 14th Amendment, which mandates the equal protection of the law.
That the Congress that took office in 1865, the year Richmond fell, meant to elevate homosexual unions to the same moral plane as matrimony when it enacted the 14th Amendment is an absolute absurdity.
What has happened to America in half a century seems, to many raised in that other America, like something out of Orwell.
Can it be that Californians must now wait on the U.S. Supreme Court -- make that Justice Anthony Kennedy, the swing vote -- to tell them whether they can or cannot write their own marriage laws?
How did it come to be that we Americans must all wait for nine judges on the Supreme Court to tell us whether homosexual marriage is or is not a constitutional right?
Where did justices get the power to decide whether laws enacted by the people or their elected representatives will be allowed to stand in this republic? Where did these nine justices get the right to be sole and final arbiters of what the Constitution and the laws say and do not say?
As law professor and author William Quirk muses, in introducing the new book "Judicial Monarchs" by William Watkins, Jr.:
"'Notes of the (Constitutional) Convention do not record Ben Franklin standing up and saying: 'I've got a good idea. Let's find nine really bright people and turn over most of our important decisions to them.' Would the Convention authorize an institution that defines its own powers?"
Not the convention our Founding Fathers attended.
Yet since the Warren Court came into being six decades ago, the Supreme Court has usurped that power -- to remake America. And the American people have meekly submitted to its tyrannical rule.
The justices used the Ninth Amendment to declare homosexuality and abortion constitutional rights, though both were crimes when the Bill of Rights was adopted. They used the First Amendment to purge Christianity from our public schools and public life and reduce our cradle faith to the same level as Santeria and Scientology.
Now the radical secularists in Obama's entourage are so puffed up with success, so confident the future belongs to them, they have crossed the line between church and state to impose their values directly on Christian institutions.
This time they have overplayed their hand. Traditionalist Christians and their allies have been given a glorious opening to inflict a stinging defeat and humiliation on these arrogant intruders on God's turf.
On this one, Obama ought to be forced into a public retreat.