And by the way, how do you define "legislating from the bench?"
Great, now you are at the crux of the matter, and why this goes beyond Gays. That's the problem, and I believe it is you who is not understanding me; The blessed Government does not need to have an interest, some incestual participant, Koresh type, or NAMBLA member will quite certainly have an interest. Because of this ruling, there aren't any legal resources TO STOP THEM from considering this private act because a "decent" (no pun intended) lawyer can prove that this is a RIGHT. That is the slippery slope, that is dangerous precident, and that, my friend, is how you create a law, or legislate from the bench.