Strict Scrutiny?

In a Fox News article today, a county judge in the state of Washington was quoted with some brilliant thoughts on the ban of gay marriage. It is believed that Judge Hicks' middle name may be Irony:

"What fails strict scrutiny here is a government-approved civil contract for one class of the community not given to another class of the community," Hicks wrote.

This exemplar of strict scrutiny seems to have completely missed that the One who granted him authority has not given us the institution of marriage in order that we may massage it down to a 'government-approved civil contract' over which to bicker.