Has gay marriage ever really been criminalized (not counting the Defense of Marriage Act, which seems rather toothless to me), or has it just not been allowed? I wonder what the difference is. Nevertheless, there was no Massachusetts law for the SJC to overturn; thus, they had no authority to proceed as far as they have. Had they overturned a statute criminalizing gay marriage, I think I'd feel a little better about the whole thing. In other words, I think some of my uneasiness about the issue boils down to judges giving orders to legislatures.
Razor, should courts have that power?