You don't get it, seems many people don't get it. If there is nothing written in law book, what can the judges do?
Where do you think books gets their law written from? Supreme court? Your funny! Supreme court does the decision where the law that is wrote in book that is not clear enough to the public, or verify new laws created by congress whether its constitutional or not. They (supreme court) don't make laws, just an interpreter for the law books. Who wrote the law books? It is Congress!
If there are disagreements or there may be proposal of new law that needs to write, the best path is to contact your local congress, because they represent you as American citizen and make proposal on the congress floor, then vote yea or nay.
So, what I think had happened, perhaps on purpose by congress which "Okay about same sex marriage" and wrote it in the law. But did they re-write the divorce law to include same sex marriage to get divorced? I think, it never happened. I think that is where the problem is. So in order to fix or re-write the divorce law in your state, contact your state representative.
I wish I can elaborate what I have seen and heard and I am trying to explain a story without breaking confidential information. Friend of mine didn't know that it is a felony which he had committed. DA showed him in the law book, and explain what that means. DA said, can not make exception on that part because it was very clear written so no way to drop the charge. DA even blunt with him that judge can not bend the law that is written in the book. It was his major mistake and didn't know this until too late. He ended up with few years in jail. I know he didn't mean that but, it is the law.
I have another case, and don't want to share due to conflict of interest with few parties that I have with. And yes, I have been in court room several times. And no, I am not criminal, just both Juror and being plaintiff as well. I even observed several defendants in the court room trying to find way around the law, usually they failed cause judge tend to be blunt. It is YES or NO, nothing else and that is the way it is.