>>THE CONSTITUTION DID NOT CHANGE.
>
>The power of the branches of government are set forth by the constitution. The judiciary's role is to determine legality of legislation not to write it. Prior to the 2008 decision "marriage" was not a right. Following that decision, it was. That's changing the constitutionally set forth role of the judiciary. That's changing the constitution. It's not merely the establishment of the new right, but the role of the judiciary that changed.

Would you say that the constitution of a state changed when the courts ruled that interracial marriages couldn't be prohibited? Did that establish a new right or change the role of the judiciary?

How is this situation different?

Tamar