Washington case out - another astonishing loss

I have to say I'm very sad about this. Unlike Hernandez v Robles, the plurality opinion says the rational basis review is such a low standard that we should not discuss the validity of that facial rationale. I actually expected this result as I learned the case would be out today. It's too close to Hernandez, definitely affected by it. Now all hope on Lewis v Harris, the NJ case. Although I still believe we have a good chance there, the lack of action toward Hernandez and Andersen may make the Court more reluctant to grant gay couples "the same rights" as straight couples. It looks like gay right advocates are so deferential, as deferential as the Washington rational basis review, that just quietly turn to legislature. When they made an absolutely absurb court decision in Hernandez, few people stood up to criticize the legal findings, or at least try to let everyone knows what it was. The idea of "decided by the legislature" sounds good, but first the law has to pass the constitutionality test. They said so because marriage is an incentive to promote a stable family for accidental kids in NY, and now they say so because government can deprive your right as long as there is a minimum rationale, even it's not really "just and humane," and not even logical. Once they believe even gay right advocates don't deeply believe in the constitutionality of gay marriage and can easily accept the results of going to legislature, sanctity of marriage can be the next rationale for the state to strip couples' fundamental right to marriage. Don't be surprised.