TONY PERKINS: ... I think the effect of this is the court did a back alley type Roe v. Wade decision by letting the lower courts do their evil bidding.So... back alley abortions... we know what those are. A "back alley decision"... would be... hmmm... as if judges who are not Supreme Court judges are doing something shadowy and illicit? And leaving a case unreviewed is somehow — working backwards in time, I guess — getting the lower courts to do what the Supreme Court has bidden? This is pretty insulting to the vast majority of judges in this country, the judges who are not Supreme Court justices. These people are all following a duty — whether you like how they do it or not — to apply constitutional law in the cases within their jurisdiction. If all the lower courts agree on an issue, it's not sneaky or arrogant or evil for the Supreme Court to fill its docket with other cases.
Olson ignores the "back alley" smear and concentrates on the comparison of same-sex marriage to abortion. The better analogy is to interracial marriage, he says. Perkins says that's "apples and oranges." Why?