The judges followed their interpretation of the Constitution, which is their job. All states are set-up with 3 branches of government that have the authority to over-ride the other in this system of checks and balances. It was judges that overturned segregation (Brown vs Board)) even after allowing segregation (Plessy vs Ferguson), it was judges that allowed inter-racial marriage (Loving vs Virginia). Judges have the ability to interpret the law without applying emotion (unlike Governors and Congressmen). If you look at what's both fair and equal, you cannot deny the same rights to two citizens of majority age that are afforded to two other citizens based solely on their gender. But if you really want to get technical, marriage is a religious institution, and the United States cannot legally support a religion, so all marriages should be civil unions. But try getting THAT passed LOL!
Checks and Balances
The judges followed their interpretation of the Constitution, which is their job. All states are set-up with 3 branches of government that have the authority to over-ride the other in this system of checks and balances. It was judges that overturned segregation (Brown vs Board)) even after allowing segregation (Plessy vs Ferguson), it was judges that allowed inter-racial marriage (Loving vs Virginia). Judges have the ability to interpret the law without applying emotion (unlike Governors and Congressmen). If you look at what's both fair and equal, you cannot deny the same rights to two citizens of majority age that are afforded to two other citizens based solely on their gender. But if you really want to get technical, marriage is a religious institution, and the United States cannot legally support a religion, so all marriages should be civil unions. But try getting THAT passed LOL!