Honest advocates for same-sex marriage must realize they are pushing for a radical departure from tradition.
The trouble is that, from their point of view, the history of marriage has already been punctuated by many radical departures from tradition. So one more couldn’t possibly hurt. That is the line of argument being unfolded by Olson and Boies in this case.
I have been following this trial closely, mostly out of legal curiosity. (I am planning to attend law school and have a strong interest in constitutional law).
I believe this case will go all the way to SCOTUS, and that there’s at least a 25% chance its decision will make gay marriage the law of the land in all 50 States. It will likely all hang on Justice Kennedy.
For that reason, I’m a little surprised by the way FReepers have seemed to dismiss this as a sideshow.
Thanks for message. I haven’t been on here enough to know whether people have been dismissive. But I do think that the judge has already made up his mind in this case, and that it will go all the way up to the Supreme Court.
Again, it sounds like this trial is making “findings of fact” more suited to a legislature.