SJS:
I do not understand your contention. Without any statutory language (like discrimination and equal rights), please explain why Popa_bar_abba, if he were a legislator, would be a mean jerk if he did not allow gay marriage.
Assume Senator Popa has decided that homosexual behavior is immoral, and that public policy is served by homosexual marriage not being allowed.
Popa does not think Popa is a mean jerk. Popa is well acquainted with mean jerks and is well able to distinguish them.