Although I agree with his definition of marriage, these days, almost every judge will come out against Traditional Marriage and in support for Gay Marriage. Until certain key justices are replaced over the next 10, 20 years, this will not change. Recall, that only recently, have we as a society become slightly tilted in favor of pro-life laws, vs having everything only support the pro-abortion lobby. This societal change took over 30 years to build up steam, mainly because a lot of the old guard pro-abortion judges are retiring or passing on.
And what makes you think that could possibly happen? The issue has gone in just a few years from public opinion strongly against to public opinion slightly in favor at the moment. All movement is in the direction of pro-gay marriage, and the rate of change is increasing steadily. There is absolutely no reason to expect that to change.
Let's face it. We have lost this one. Until there is a truly drastic change in American society, that won't change.
From the article:
“Because same-sex relationships do not naturally produce children, recognizing same-sex marriage does not further these goals to the same extent that recognizing opposite-sex marriage does,” the brief reads. “That is enough to supply a rational basis for Texas’s marriage laws.”
Abbott’s argument is clear and solid and will not lose at the 5th Circuit or even at the SCOTUS as everyone knows that only opposite-sex marriage can produce children and gay marriages cannot produce children.
More than any other issue, I think the judiciary motivates me to vote. A president is gone in a term or two, but a judicial appointee is there for decades.