Mark, I agree with you that we’ve reached the end of the Founding Fathers’ rope when a single Supreme Court justice can possibly overturn several millennia of human history with his ruling on gay marriage. But look at it from the leftist point of view. This is in fact the reductio non absurdum of what they’ve been fighting for since the late Sixties and arguably since the Wilson administration: their wish for kings.
Regressives, with their innate fascist impulses, have always viewed the Court as both a super legislature and, as it tilts precariously 5–4 either way, a super-presidency, with Anthony Kennedy holding the office — unless John Roberts horns in on his act again. It’s so much easier to persuade one man than to persuade a nation, especially when he really is, thanks to Marbury, the last word on the subject. And when that one man is on your side: instant social justice.
It’s not a bug; it’s a feature.