I’m no scholar - but if its in the constitution, how can it be unconstitutional? If the constitution bans gay marriage - isn’t gay marriage unconstitutional.
That's just it - she shouldn't. This is a state judge, not a federal judge. She's governed by the state constitution and that bans same sex marriages. Her decision should be rapidly overturned.
It’s a STATE constitutional amendment. The judge is claiming that amendment violates the FEDERAL constitutional guarantee of equal protection under law.
This is what makes it so dangerous...as all it would take is a federal judge to agree with her...(and the Supremes to duck the issue) and it becomes de facto law in every state.
Which is why McCain et al. are so foolish to avoid a federal constitutional amendment to protect marriage.
Simple. What's in the constitution is unconstitutional.