It's a tricky issue, someone like myself might argue that activist judges who believe in "living, breathing documents" is somewhat tyrannical as such decisions

It's a tricky issue, someone like myself might argue that activist judges who believe in "living, breathing documents" is somewhat tyrannical as such decisions should be legislated instead while the courts stick to trying to interpret the law as it was intended. For the case of gay marriage, I don't believe the constitution is written so as to exclude it as a valid marital contract.