The Texas courts SHOULD have done the right thing. I agree. However they didn't. In such cases, do we not have the Right to "redress our grievances" before the next higher court? The USSC is about as high as you can get.
If anything, back in the '70s when they "removed" the hetro portion of this law... they set up the inequality in the law that led to this.
Ms. Grundy got the smack down. That is not a bad thing. It isn't like the USSC came up with some "penumbra" or "emmanation" this time. More freedom is not a bad thing. I know we agree on that. ;-)