
We shouldn't be too surprised by this, though. This is just the judicial version of a common right wing trope about elections, which is to complain that if Group X (never straight white men) was excluded from election results, they would have gone a different way. The underlying assumption is that non-white people, women, and gay people just count for less. Our citizenship is viewed as a novelty, and not real like that of straight people/non-white people/men, depending on the circumstances. I'm genuinely surprised I haven't seen anyone suggest that women should be excluded from legislating about reproductive rights on these grounds as well. Though Allen West is veering closer to coming out and saying just that any day.
The good news is this is the dumbest argument I've ever heard. They're getting increasingly bad about hiding their bigotry. This is the end game, and while it may still take some time for gay marriage to be legalized across the land, pro-gay folks are winning.
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