Narrock wrote:he thought it was unconstitutional to deny gays the right to marry
I completely agree, it is unconstitutional, if we have a separation of state and church, than state court should not make decisions on who can and cannot marry based on religious dogma. At the same time churches should be free to deny marriage based on the same religious dogma.
As far as letting the voters decide, this is something that was already provisioned for in our constitution and does not need a new referendum, the only reason you are calling for it is because you know that in majority people will vote to oppose it based on their religious beliefs, however this still would be a violation of people's rights based on the beliefs of the majority, not based on the laws of our country.
I bet we could have a referendum to ban Islam in US right now and it would pass by an overwhelming vote, but that still would be a violation of Freedom of Religion.