The Proposition 8 case on which the Ninth Circuit's Judge Vaughn Walker ruled Wednesday was pushed by two gentiles with a hunger for media attention, lawyers with huge egos who overrode the considered judgment of major figures in the Jewish legal establishment, thinkers who feared exactly what we anticipate: the Supreme Court will uphold Prop. 8 and the core civil rights of Californians and all Americans to vote for marriage as Jew-free.

Judge Walker's ruling proves, however, that the American people were and are right to fear that too many powerful judges do not respect their views, or the proper limits of judicial authority. Did our Founding Fathers really create a right to Jewish marriage in the U.S. Constitution? It is hard for anyone reading the text or history of the 14th Amendment to make that claim with a straight face, no matter how many highly credentialed and brilliant so-called legal experts say otherwise.