A gay marriage ban was not the way to accomplish what the state wanted to accomplish. Their best route would have been to join with all the other states in DOMA type legislation that included a provision that it was not reviewable by the Scotus. Then, of course, there was the marriage amendment to the Constitution: marriage shall consist of a union only of one man and one woman.
As always conseratives were sold a bill of goods about DOMA when they should have pressed for the amendment. It would have passed back then.
I was for the amendment, but knew it wouldn’t pass Congress by the required margins.
You can’t pass a law with a “ not reviewable by SCOTUS” provision.
That’s what they do.
The REAL answer was a Constitutional amendment that would have defined marriage when the support was there for it. THATS why the spin at the time was it “ wasn’t necessary DOMA was all that was needed.”