Quote from AAAintheBeltway:
The issue is not whether or not it is a good idea or good public policy. It is whether or not gay marriage is mandated by the Constitution.
Those are two very different questions that these activist groups like to mix together.
Scalia had a great point. When exactly did it become unconstitutional, he asked. If the answer is "because society has evolved, attitudes have changed", then that is an argument for making changes through the democratic process, ie through elections. Of course, that is a little awkward for the gay marriage activists because they are trying to strike down an exercise in democracy. Prop 8 after all was a statewide vote of the people of arguably our most liberal state.