Keep in mind that the Courts have available to them a couple of other tests of constitutionality: heightened scrutiny and rational basis, the domain of which is not confined to 1st amendment issues.
Which means they can do whatever they want. The Constitution is either a living and breathing document or it isn't.
And I don't have a horse in this race. I personally believe that marriage is between a man and a woman. But if gays want to "marry" at City Hall, it doesn't bother me one bit. But if the day ever comes where the Government tries to force the Church's hand on the matter, then I'll have a BIG problem with it.
"I got news for you. If it wasn't for the toilet, there would be no books." --- George Costanza.
