The difficulty with our system of representative self-government, as they [our cultural elite] see it, is that everyone gets to vote, with the result that the views of the unenlightened masses are likely to prevail. The function of constitutional law, in the view of our cultural elite and as it has largely operated in recent decades, is to keep this from happening. The first and most important thing to understand about
constitutional law is that it
has very little to do with a constitution. It has become essentially a device or ruse for policymaking by judges.[Note 1] Such policymaking is much preferred by our cultural elite to policymaking by the elected representatives of the people because judges, given a free hand in policymaking, can generally be relied on to serve as the mirror, mouthpiece, and enacting arm of liberal academia in general and liberal legal academia in particular. … Decisions extending marital rights to homosexual unions do so on no other basis or authority than the fact that full societal acceptance, if not endorsement, of homosexuality is the current cause célèbre in today’s academia. The primary function of judicial opinions explaining these decisions is to deny or conceal this fact.
“Single-Sex ‘Marriage’: The Role of the Courts”
by Lino A. Graglia, Professor in Law, University of Texas School of Law, Austin, Texas.
findarticles.com/p/articles/mi_qa3736/is_200101/ai_n8934944