That's not entirely true. The Constitution is the ultimate law of our country, and it trumps anything at a state level. The fact that Prop 8 was voted into law violates that rule. You can argue all you want that it violates the will of the people and what not, but in the end it still violates Federal law.
Article 1 of the Constitution: "All legislative Powers herein granted shall be vested in a Congress of the United States" Congress makes the laws. Not the judiciary. Activist judges don't have the right to determine federal laws and impose them on the states. Congress, however, does.
Congress makes the laws, true, but its the Judicial system that upholds and determines how they are implemented. That's basic High School Government course material. Judge Walker is a Federally appointed Judge.
So by that logic, prop 8 is unconstitutional, because the California voters, who voted for it, are not Congress. The judiciary is not making laws in this instance, they are getting rid of a law that is clearly unconstitutional. That is the entire point of having 3 branches of government - checks and balances.
Judiciary branch isn't making or determining any law. They're cancelling out one which has been deemed unconstitutional, which is why they're there.
What we need to stop doing is letting a single, solitary religion influence the entire rule of law here in the United States. If people actually exercised the constitution (i.e. separation of church and state), homosexuals would've been allowed to marry in this country years ago. And anyone with a brain can agree this is true.
I actually like this better than listening and defining what is or is not marriage. Marriage is a failed commodity in this country anyway so trying to protect it seems like a ludicrous effort on anyone's part. It's a shame it takes these kinds of issues to get people off their lazy asses and vote.
Didn't think it was necessary to create an entirely new thread, so here's some similar news. Don't Ask, Don't Tell has been declared unconstitutional as well. http://www.ktla.com/news/landing/ktla-judge-military-gay-ban,0,5136326.story
And in fact, they're not even canceling a law. The judiciary branch is only there to interpret the Constitution and say what is unconstitutional or unconstitutional. The legislative / executive can react to that as they wish.