Proposition 8: What I heard today and what I expect from it in a nutshell.

[Benton D Struckcheon]

6. At least 6 to 3 to rule gay marriage flat out Constitutional

Seriously. There's even an outside chance it'll be unanimous. The arguments against are all papier-mâché. I think you guys are making way too much of the necessary process of questioning the lawyers for and against so that they are forced to make their cases.

There's nothing in the Constitution that says gays can't marry, anymore than there was 40 years ago saying a white and a black person couldn't marry. So the SC can't really say it's not Constitutional, since the document doesn't address it at all. It does say "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State." which sweeps away DOMA and any attempt by any state to say that a marriage in another state isn't valid. So that one should be easy. Then the fact it doesn't address marriage but does say "The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.", which can easily be interpreted to mean that if you can get married in NH you can get married in NC, and vice versa, which kills Prop 8 or any other state law like it.
In other words, both from what's not in it and what is in it you very easily arrive at a point where you say, not that gays can marry, but where did it ever say they couldn't? And if it doesn't that means they can, and if they can that means they can in every state. And that's that.