A big win for the folks.

That is the subject of this evening's "Talking Points" memo. The California Supreme Court today said no to gay marriage and invalidated all the marriage licenses granted by San Francisco Mayor Gavin Newsom. Sorry, Rosie O'Donnell (search).

Last February, we predicted that would happen. All heck is about to break loose in the state of California. Section 115 of the penal code here says it is felony for a public official to issue false instruments to be filed in public records. Since California law prohibits gay marriage, Mayor Newsom's issuance of marriage licenses for gays seems to violate this order.

Well, what Mayor Newsom (search) did is simply outrageous. He's not going to be prosecuted. But in the year 2000, California's passed Proposition 22 (search), which said marriage in California can be legal only between a man and woman. That proposition passed by an astounding 62 to 38 percent in the nation's most liberal state.

So it's clear the residents of California and all over the U.S.A. want to keep traditional marriages law. But Mayor Newsom didn't really care about that, citing civil rights legislation. He put himself above the will of the people.

And that's happening all over the U.S.A. Judges and politicians are saying we know best. You don't really count. Thank God, with apologies to the ACLU, that California's Supreme Court is still ruling on the law.

But the decision was 5 to 2. Two justices out there believe, as four Massachusetts judges do, that the law doesn't matter.

This is the most dangerous domestic issue facing the country today, that there are judges who believe they should make the law, not elected officials.

So, "Talking Points" is pleased that California law is finally being upheld. "Points" would like to see civil unions OK'd in every state so all Americans can pursue happiness equally.

But traditional marriage is something to be respected and Mayor Newsom should wise up and realize that. And that's the memo.

The Most Ridiculous Item of the Day

It used to be that some Olympic women athletes would wait until after they actually won a medal before cashing in. But not now.

In this month's Playboy magazine, Olympic uniforms were shed and skin exposed by some of the ladies. Now, we have nothing against the human body, but believe there may be some issues with chafing should medals be draped over undraped figures. Ridiculous? You be the judge.

—You can watch Bill O'Reilly's "Talking Points Memo" and "Most Ridiculous Item" weeknights at 8 & 11p.m. ET on the Fox News Channel. Send your comments to: oreilly@foxnews.com