Text from the court’s opinion:
We find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right.
The power to regulate marriage lies with the Legislature, not the judiciary.
While I can’t say I’m thrilled that this ruling has been overturned, I’m not shocked. This just illustrates the thin ice that court rulings provide for gay rights. It can be there one minute and gone the next. Anyone who feels that the courts are still our best bet for equality are filling themselves with false hope.
I completely agree. The path to gay marriage is long-term fundamental changes in public opinion and winning votes in legislatures and state referendum. Not by relying on the liberal court system that the pendulum has begun to push away from law making and back toward law interpreting.
How many wake up calls will it take for the Human Rights Campaign, et. al., to get it?