The Supreme Court has previously ruled that the right to marry is a fundamental constitutional right.
When an unpopular minority is denied the right to marry, it is indeed the role of the courts to protect the rights of that minority, especially when a majority would deny them. This is why Judge Walker’s opinion reads, “That the majority of California voters supported Proposition 8 is irrelevant, as fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.”
Not to mention that conservatives have a flawed history with civil rights, a trend that began when Barry Goldwater opposed the Civil Rights Act as unconstitutional. While Goldwater was no racist there is clearly a conservative precedent for a breakdown at the intersection of ideology and reality.... The potential consequence that conservatives land on the wrong side of civil rights history again is the alienation of an entire generation of voters. With polling definitively indicating that Americans under age 30 overwhelmingly favor gay rights, with a majority supporting gay marriage according to the Pew Millennial Attitudes report published in February this year, there are multiple reasons for conservatives to think carefully before digging in their heels against gay marriage.