Flouting the will of the people of California, a panel of the ultraliberal 9th U.S. Circuit Court of Appeals issued a 2-1 ruling this week that a 2008 voter-approved ban on same-sex marriage is a violation of the Constitution's equal protection guarantee.
The ruling -- by an activist court whose decisions are often overturned -- has no immediate effect. The ban will remain in place while the matter is appealed further.
But the case may wind up in the U.S. Supreme Court, where its fate would be uncertain. The high court has four liberal justices, four conservatives and one liberal-leaning swing voter, Justice Anthony Kennedy.
It would be unfortunate, though, if the justices let their personal political views hold sway. They should rule, instead, on the basis of the law and the Constitution. And the Constitution does not guarantee a right to same-sex marriage.