9th Circuit Rules That California Voters Can't Overrule California Courts

The 9th Circuit has ruled that the voters of California do not have the right to amend the state constitution to define marriage as "one man, one woman."  This is really no surprise; we have been headed down this road since Romer v. Evans (1996), where the U.S. Supreme Court ruled that the voters of Colorado did not have the authority to amend the state constitution to prohibit state and local governments from adding sexual orientation to antidiscrimination ordinances.

Somehow, for more than a hundred years, not only did no one notice the 14th Amendment's equal protection guarantee protected a right to homosexual marriage, no one noticed that it did not prohibit states from sending people to prison for homosexual behavior.  Nor did anyone even try to make that argument until the 1960s.

This is just judges making stuff up as they go along.