same sex marriage and equal rights

Headline from ABC News, Tuesday, May 26 - "Calif. High Court Upholds Gay Marriage Ban, but Allows Pre-Existing Same-Sex Marriages to Stand"

The U.S. supposedly practices the separation of church and state. Justice in the U.S. is supposedly blind. On what grounds, other than religious, could a ban on same sex marriage be upheld? The meanness and short-sightedness of some of my countrymen confounds me.

Given that it is typically Christians driving these issues, I ask, what would Jesus do? It seems reasonable to suppose that he would leave the doings of the state to the state. He went to the well. He spoke with the woman. He sought solutions in the hearts of men and women and not through external controls. He loved.

"It is not for you to call profane what God counts clean." Acts 11:9

and it seems from this... as in other places... it is not for "you" or "me" to call, but some higher authority to determine the question of worthiness...