Well, the judicial branch has nothing to do with amending the Constitution. The Constitution--which has provisions within it for amending the Constitution, so there is nothing unconstitutional about changing the constitution as long as you follow the law--would be amended by the states. To become law, amendments must be ratified by 3/4 of the states by legislative action or convention. Frankly, the chances of this happening any time soon are slim, and Bush has got to know it.

But anyway, I suppose that if the marriage amendment were ratified, the people who put it in there would want to make sure we had judges who'd interpret it strictly as it's written.