A U.S. District Court judge in Honolulu has rejected arguments from two lesbians who said that Hawaii’s 1998 ban on same-sex marriage is unconstitutional.

According to court documents released Wednesday, Judge Alan Kay dismissed the lawsuit, Jackson v. Abercrombie, saying that a decision like this should be left to the Legislature — not the courts.

Kay wrote:

If the traditional institution of marriage is to be restructured, as sought by Plaintiffs, it should be done by a democratically-elected legislature or the people through a constitutional amendment, not through judicial legislation that would inappropriately preempt democratic deliberation regarding whether or not to authorize same-sex marriage.

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