Just one thing - there is also a long tradition in this country of using moral codes to prohibit conduct deemed immoral by the majority of the citizens, as evidenced by restrictions against prostitution, bestiality, pedophilia, etc. As Justice Scalia tersely noted in his dissent, Texas's anti-sodomy laws is "well within the range of traditional democratic action, and its hand should not be stayed through the invention of a brand-new 'constitutional right' by a court that is impatient of democratic change." In other words, the matter of homosexual rights should not simply be dictated by the whims of appointed judges.
The judiciary should always be sensitive to leaving room for democratic debate on issues that are bound up in complex notions of morality, religious belief and personal autonomy. This is when the court is at its best - when its decisions spill out of the courtroom and stimulate earnest and important debate and legislative decision making. This is the democratic process. And it is ripped to shreds when the judiciary uses fiat to impose their own views about what our law should be, as the Massachusetts Supreme Court did when they legalized homosexual unions.
Forget A Federal Marriage Amendment and Go For Religious Freedom Acts In All 50 States | John Hawkins