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From the court's position, the question is, what is the law. They can't just make it up as they go along. The court did as much as it could in pointing out that it was a violation of equal protection, lacked any rational basis, and was unconstitutional. It's clear that the court feels a gay marriage ban is wrong.
But then the voters passed this as a constitutional amendment. The court can't just ignore the constitution!
I hate it too, but I don't think it's the court's fault. They had to play the hand the voters dealt them.
But then the voters passed this as a constitutional amendment. The court can't just ignore the constitution!
I hate it too, but I don't think it's the court's fault. They had to play the hand the voters dealt them.