[Pollster1]

Does he really see no logical reason for treating couples that are actually married differently from those in pretend marriages?

[highball]

"Does he really see no logical reason for treating couples that are actually married differently from those in pretend marriages?"

Judges can only rule on the evidence presented before them (the definition of "activist judge" is someone who does otherwise).

I don't know the specifics of this case, but it's very plausible that none of the lawyers on our side presented a logical reason. That's what happened with the Prop 8 trial, when its supposed-defenders could only find one person to defend marriage on the stand, and even he ended up testifying that the country would be "more American" on the day all 50 states had gay marriage.

That's why we keep losing these court battles; our side refuses to actually show up.