Yes, so lets the supreme court decide. But I don't understand your atheist viewpoint -as Richard Dawkins wrote:
"In a universe of electrons and selfish genes, blind physical forces and genetic replication, some people are going to get hurt, other people are going to get lucky, and you won't find any rhyme or reason in it, nor any justice. The universe that we observe has precisely the properties we should expect if there is, at bottom, no design, no purpose, [B]no evil, no good, nothing but pitiless indifference[/B]".
There is no "right", because there is no standard which it can be meassured against. We are just animals, a product of time, mater and chance. All morals, laws ect. are a social-, cultural product. That means: What the majority wants, is from this viewpoint, what counts. If they want to change the constituion and the majority of the people are ok with that, that shouldn't be a problem from a atheistic viewpoint - there is no "right" thing to do. Right by which standard? The constitution? Product of social, cultural contract - these have been changed since human beginning, why not change it again?
Evolution is about the survival of the fittest - the strongest (the majority in this cases) decides - who cares what a minority wants.