It’s hard to argue that there is a compelling interest in denying marriage to gays if you have given them the exact same thing with civil unions.
In Virginia, our amendment explicitly prohibits civil unions and anything that resembles civil unions. And it’s a real constitutional amendment, not a law that can be overturned by a judge.
People can still make their own private contracts. They simply don’t get special treatment by government for their relationships, since the government doesn’t receive any benefit from their relationships.
In my opinion, the reasoning used by the court would equally apply to ANY benefit given by the state to one person over another. For example, my right to buy the car of my choice should trump the state’s “interest” in my buying a special hybrid car, so I should be able to get special tags and drive in the HOV lanes like everybody else.
Which is exactly why Bible-thumping fuddy-duddies like myself have fought civil unions.