shitt is about to hit the fan . Hang on to your britches , boys . <| sep |> Attorney here . Your understanding of the basic framework of constitutional government , as well as your reading of the majority and dissenting opinions in Obergefell , seems wanting . The power of judicial review was identified in Marbury v . Madison , but it derives from Art . III of the Constitution , which vests the judiciary power in the Supreme Court . Justices of the Court have a sworn duty to refrain from enforcing laws that are unconstitutional , and other federal courts , which technically serve at the pleasure of the legislature under Art . III though their administration lies with the SCOTUS follow suit , with state courts also falling under the aegis the SCOTUS ever since the Civil War amendments 13 th , 14 th , 15 th expanded the federal power to provide a basis for reading the enumerated rights as ' floors ' which the several states must observe later the basis for incorporation doctrine . The notion that any of that very lucky development of the role of the SCOTUS is liberal or conservative is remarkably silly . First , functionally , judicial review is not just useful , but also extremely necessary as it always comes down to a court to try to apply any given law , and having one court exercising discretionary appellate jurisdiction over cases specifically to resolve such questions becomes necessary to have consistent law across the country . And that role has expanded several times through history to get to where we are , not cogently part of any one particular political movement although conservatives still seem to be pretty steamed that the Court made southerners treat black people like human beings . You ' re also pretty wrong empirically . I know several gay parents . They ' re better parents than most of the straight parents I ' ve met , and predictably so unlike the usual Indiana story of knocking up your prom date , gay people have to very deliberately have children . And those who do are typically in higher brackets in terms of income , education , and dedication to their children .