I have seen a lot out there on the blogs regarding the recent decision by Judge, Joseph Batiallon, string down Nebraska's constitutional amendment defining a marriage as between one man and one woman (the decision). The amendment passed with an overwhelming majority of the Nebraska voters. I do not contend that the amendment was not the "will of the people." It obviously was. But, to this point, no one has produced a rationale to exclude gay marriage that is not based upon traditional religious tenets.
What is the difference between forbidding same-sex marriages and forbidding interracial marriages (Loving v Virginia)? What purely legal rationale can you provide me that gays should be excluded that does not also apply to couples of opposite-sex marriage?
H/T Maxed out Mama for the decision link