"After all, you know, there are worse things in life than death. I mean, if you've ever spent an evening with an insurance salesman, you know exactly what I mean."
oath of office:
Prop 8 was a constitutional amendment upheld by the state supreme court - it wasn't just any law or ballot measure."I, ______, do solemnly swear (or affirm) that I will support
and defend the Constitution of the United States and the Consti-
tution of the State of California against all enemies, foreign
and domestic; that I will bear true faith and allegiance to the
Constitution of the United States and the Constitution of the
State of California; that I take this obligation freely, without
any mental reservation or purpose of evasion; and that I will
well and faithfully discharge the duties upon which I am about
The Supreme Court even hearing this case is unconstitutional in the first place because it violates the Tenth Amendment.
There is nothing in the Constitution about gay marriage or even marriage, however the Tenth Amendment is quite clear.