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The constitution disagrees, and its opinion is more important. To give the absurd example, it doesn't matter how many people vote to ban Catholics from serving in office.I didn't think marriage was mentioned in the Constitution? I personally have pro-gay marrage views having nothing to do with the Constitution.
My point was that 5% over half isn't as large a support level as I thought it would be. That's on the hairy edge of being less than half of Americans supporting it.
I do have to personally disagree with your dismissal of the ballot box impact. I believe the peoples' voice to be the most compelling argument of all, personally. JMO.
Marriage isn't mentioned in hath constitution, but neither is wearing a blue shirt.
Side note:
Indeed, it is unsurprising that Defendants muster no argument engaging the strictures of heightened scrutiny, as we, too, are unable to fathom an ingenuous defense saving the Marriage Laws from being invalidated under this more-searching standard.
Judicial BURN.