Strong argument?

An argument the Religious Right continues to use against high-court rulings in states like New Jersey and Massachusetts concerning granting same-sex couples equal civil recognition of their relationships is that these accommodations are court-imposed – a tyranny of an unaccountable and activist judiciary. They claim that the responsibility for granting State recognition should be the domain of the legislatures, the people, only, and the courts should have no part in the establishment of what will be recognized as true “marriage.”
I agree that the legislatures of the various states are the places for the creation of laws. The courts are charged with interpreting the constitutionality of those laws. The problem here is that when the courts decide cases contrary to the will of the Religious Right, their recourse is to denigrate the judiciary. That is a dangerous road to take – the attempt to place in the public’s consciousness suspicion and mistrust of the vary institution that is charged with protecting our rights. This tactic will come back to bite them, no doubt.
They use this argument as a primary justification for their campaign to enact through state referenda amendments to state constitutions that (will) define marriage only as state-recognized unions between men and women, and to deny same-sex couples any accommodation that resembles marriage.
This seems to be a very weak basis for their arguments – or rather a weak justification for opposing the courts. They pin their hopes on the feelings of “the people” and those who represent them. What happens to their position when the tide of public opinion changes? When public opinion changes to favor some sort of State recognition of same-sex relationships and state legislatures begin approving laws that reflect this change, what will they then do? What then will be their argument or justification for opposing State recognition of same-sex relationships?
Basing arguments on a foundation as fickle as public sentiment is a foundation built on sand. When the strong winds of public opinion shift and blow in another direction, their campaign will fail. They would be wise to stir-up public opinion based on some other sort of rational. So, my question is whether they understand this or whether they truly have such a strong sense of the “rightness” of their cause, or as Stephen Colbert might say, “truthiness,” that they believe public opinion will never change to such an extent?
Constitutional amendments have been passed and rescinded. The new amendments to state constitutions baring recognition of same-sex relationships will be another example of this; it just depends on who extensive is the public hysteria, stirred up by their propaganda, over this issue and how long it will last. Their position may be arguable, but the foundation upon which they base their argument is not strong – it is profoundly weak.