No mater what happens, it is the people via the legislative branch that decided. I am ok with that
Well, Shrumpage since you bolded this and gave it a thumbs up, let's talk for a moment about the concept of constitutional rights.
The right wing, *when it wants a certain outcome that a majority favors*, will scream and yell about letting the people and not judges decide.
But take a deep breath and calm down and ask then, why we have a constitution with rights rather than just majority-passed laws.
It's because society recognizes that the tyranny of the majority is a real risk, and some rights deserve protection from 51% of the voters.
Do we really want republicans who get 51% of the vote out passing laws that democrats are not allowed to speak publically, can be searched as harrassment, and can be improsioned without a lawyer or trial? Probably not. So some rights require a super-majority, not a simple majority, to remove.
You can spout a polemic all you like about 'the pepople deciding', but ultimately, you are against the founders' constitution if you carry that over to the idea of the simply majority not having to respect basic rights in the constitution. The founding fathers said to the simple majority, 'shut up and sit down' when they become a mob.
So, the simple rhetoric doesn't do justice to the idea of gay marriage - the question is not the hyperble about the people ruling, it's whether the constitution has protection for equal rights in this case, something for judges (and hopefully, not the ideological radicals Bush appoints) to decide.
But the basic idea that the right to equality might be contained in the constitution and the 51% have to deal with it is not a problem, it's the American system.
Finally, in anticipation of your argument that rights have to be spelled out simply, that's not how they wrote the constitution, either. Some rights are, others are not. Go read the 9th and 10th amendments some time, just as important as the others, and tell me what specific rights they give we the people.
