Yglesias argues against the notion that gays pressed too hard and too fast for marriage by calling upon the judicial rather than the legislative branch to legalize gay marriage:
That aside, granting the backlash hypothetically, I never quite understand what the upshot of this sort of analysis is. Say you’re living your life with your partner and you want to get married. But then the local legal authorities tell you that you can’t get married. That seems like unfair discrimination to you, so you inquire with an attorney. The attorney says, yes, your state has never allowed a man to be legally wed to another man, but he agrees with you that it’s unfair. And not just unfair, illegal, a violation of your state constitution’s guarantees of equal rights. So you sue! Then the case comes before a judge and the judge thinks, yeah, the local authorities’ action is a violation of the state constitution’s guarantee of equal rights. Is the judge supposed to rule against you even though he thinks your case has merits, offering as his reasoning “it would be counterproductive to the long-term political strategy of the gay rights movement for me to offer the ruling I believe to be correct”? That doesn’t sound right.