 The dissenting opinion from Chief Judge Robert M. Bell faulted the majority for not recognizing gay people as a suspect class in need of protection from discrimination.He dismissed the majority view that gays are politically empowered and should not be viewed as constituting such a class.Evan Wolfson, founder of Freedom to Marry, said that the decision was "deeply flawed" because the 4–3 majority did not answer the question of how denying marriage to same-sex couples affects the ability of heterosexual couples to procreate.