MARRIAGE EQUALITY NATIONWIDE

[Anima]

This is the blue in the face part. You're just going to have to get over it, the decision won't change.

As far as enumeration, remember that there was a loud camp that argued against a bill of rights simply because they thought that if certain rights were enumerated that some would interpret this as limiting rights to just those enumerated. I think you're guilty of this here.

Some people really need to read the 9th Amendment.  And then read it again.  And again.  Until it sinks in.  According to the Constitution, people have rights not specifically mentioned in the Constitution.  So, when someone makes a judgement based on that, they are not necessarily just making things up; it is part of the Constitution (as amended) that people have rights that are not specifically mentioned in the Constitution.

According to the 10th amendment those rights not so enumerated in the constitution are under the jurisdiction of the States and if not the States the People (by means of the voting process).

Otherwise the test for substantive rights not enumerated in the Constitution were establish in Washington V. Glucksburg as:
1. The right must be recognized as existing in the tradition and history of the nation (to which gay marriage is not).
2. The right must be essential to order liberty and democracy that denial represents a threat to the nation (which gay marriage does not).

"Justice Curtis explained that when the “fixed rules which govern the interpretation of laws [are] abandoned, and the theoretical opinions of individuals are allowed to control” the Constitution’s meaning, “we have no longer a Constitution; we are under the government of individual men, who for the time being have power to declare what the Constitution is, according to their own views of what it ought to mean.”" - Chief Justice John Roberts