Retrieve the Kraken!

Unfortunately, "it just IS that way" is an argument commonly used in court in the US (and any court derived from the British system). The concept of stare decisis (previous decisions of law are respected as precedent and not overruled without good reason) keeps the status of the law unmoving for long periods of time, which is why legal advocates are careful to keep same-sex marriage out of the federal court. The current supreme court has been stacked so full of right-wing nutjobs that a negative decision is guarenteed, and would prevent a new court from issuing a favorable ruling for decades (That the nutjobs will still be there in decades doesn't help either).
It is truly horrifying how often petty tantrum throwing and foot stomping wins in court.