Washington high court elects not to legislate from bench, upholds Marriage Act

In 5-4 decision, the Washington state Supreme Court chose to uphold the Defense of Marriage Act, which defines marriage as being between one man and one woman.

The liberal court in Washington took more than a year before handing down today's decision. A thin majority of the judges, however, ultimately realized that the people -- through their elected representatives -- make the laws, not the courts.

This victory, along with a recent similar victory in New York's highest court, is a severe setback to the nationwide gay activist movement that has been seeking to rewrite the definition of marriage.