Today, Slacktivist makes an interesting point, which I’ll summarize here.

Some opponents of same-sex marriage contend that the problem is “activist” judges, and that we need a Constitutional amendment to ban such unions. Furthermore, people like San Francisco mayor Gavin Newsom have “no respect for the law” because they’re allowing gay marriages.

This begs a question: are same-sex weddings Constitutional under the current law? If not, we don’t need the amendment (but please show me where it is). If they ARE Constitutional, though, these judges are just doing their jobs — and Newsome & co. can only be said to be honoring the highest law of the land.

So, which is it?