judicial restraint!
even though i believe society’s embrace of contraceptive sex (with no fault divorce no help either) has mortally wounded the case to preserve marriage as being exclusively between a man and a woman, this Washington state supreme court decision is still encouraging.
[for the majority, Judge Madsen] added that the judges should not dictate public policy. The law banning gay marriages may yet change, she said, but not “because five members of this court have dictated it.â€
“We see no reason, however,†Justice Madsen added, “why the legislature or the people acting through the initiative process would be foreclosed from enacting a the right to marry to gay and lesbian couples in Washington.â€
on a related note, it appears Massachusetts’ poster same sex marriage is on the rocks.