smart judges!! bush probably labels them as 'activist" judges!!
http://www.usatoday.com/printedition/news/20041130/1a_lede30.art.htm11/30/2004 - Updated 01:09 AM ET
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Justices stay out of debate over gays
High court won't rule on same-sex nuptials
By Richard Willing
USA TODAY
WASHINGTON — The Supreme Court declined to step into the nationwide debate over same-sex marriages Monday, refusing to hear a challenge to the only state law that sanctions such unions.
The court's decision leaves in place a ruling by Massachusetts' highest court, which said in November 2003 that the state's constitution required officials to license gay unions. Since then, about 3,000 gay and lesbian couples have been married in Massachusetts, fueling a national debate over gay rights and the institution of marriage......