That is the opposite of what happened. The court ruled that the existing law meant that gays could marry, but stayed their ruling for 6 months to allow the legislature to change the law if they wanted to try to fix it.
The legislature refused to change it, so after 6 months, as the entire nation understood, including all the nationwide organizations who railed against the court ruling, gay marriage became the law in Mass.
The "lawyers" who insist otherwise never sued to argue their novel theory of the law, because they knew better. It was just an argument, one not accepted or backed up by any contemporaneous written opinions.
My word, we actually were all alive when this happened. We saw the news; we heard Rush, Mark, and Sean. We read all the conservative newsletters. They all said the same thing, what we all knew to be true -- the court made gay marriage legal, and the legislature did nothing to stop them.
I know people have a political reason to make this stupid argument, but that doesn't make it any better an argument.
No. It’s not just an argument. It’s a fact. Romney instituted gay marriage. To believe otherwise you have to think that courts can make laws. Do you believe courts can make laws? Can you show me the constitutional provisions that give them this authority?
Ah. In reexamining your post, I see that you do believe that courts can make laws.
If I had to name one thing that more than any other thing is destroying our country, it is that notion.
It's also apparent that you believe in judicial supremacy, in other words that the other branches of government, in this case the executive, are inferior to the judges, and have no constitutional duty to interpret the constitution they swore an oath to uphold and check the other branches accordingly.
This, in a nutshell, is the death of republican representative self-government. Courtesy of a bunch of "Republican" lawyers.