California’s high court should not be weighing gay marriage. They should be weighing the legal precedent of a referendum and when it becomes Constitutional law and when and under what circumstances can the will of the people be put aside. Gay marriage is the ancillary issue.
And that is what partially drives them nuts. They so want a debate on gay marriage ("we love each other" etc.) but they have been relegated to 2nd place in the greater struggle for freedom from judicial and PC tyranny.