I agree with Don Robertson about activist judges (Readers' Forum, July 29), but what the Supreme Court is now doing is legal and based on more than 200 years of precedence starting with Marbury vs. Madison (1803).

It is not the Constitution but that seemingly innocuous decision to give Marbury his pay for services that gives the court the ability to declare unconstitutional (and hence invalidate) any law litigated before them.

Likewise, the precedent the court uses today to decide cases of gay marriage comes largely from their conservative decision made over 40 years ago to give couples the right to birth control in the privacy of their bedrooms (Griswold vs. Connecticut, 1965).

At this eleventh hour, "We the People" might therefore "vote" on gay marriage by amending the Constitution or through voting for a president who appoints conservative justices to the court (or packs the court as FDR attempted in 1937). Ultimately, we can always pray for the justices to make the "right" decisions.

Lyman H. Moulton III

South Jordan