It seems to me that were the opinion of the court in this case applied to the Colorado Amendment 2 case, the court would have held that Colorado citizens have a right to demand that the state not pass legislation giving special rights to gay people.
The court has ignored the historical context of the question, and its real effects, in a double talk expression of racism. If you have any doubt read the opinion, including Justice Sotomayor's long dissent recalling the history of Jim Crow. Have we lost all the gains for equity I have seen in my lifetime? Are we returning to the political and social meme of the late 19th Century?
And the pro voters on the court know that they are expressing racism, evidenced by their call not to judge that they are acting out of any bad faith. They are, and I do judge them. They are quietly polite white supremacists.
