And that's the key to this case that the author overlooks. If domestic partnership's are indistinguishable from marriage, then one can easily make a case of separate but equal, and that is exactly what Olsen and Boies are going to do when they argue in front of the Supreme Court. Anyone who was against same sex marriage, but supported domestic partnerships, simply wasn't thinking, because the Gay community has known (nay, planned) for a long time that once that was established, they could parlay it into the Supreme Court at the right time, and with the right people.
Don't anyone delude themselves into thinking that Olsen and Boies doesn't stand a good shot at wining this.
The domestic partnership thingy has definitely melted the public mind meld about marriage. With the current Supreme Court makeup this would lose 5-4 (I can’t see even Kennedy giving this much sympathy), but all we need is to lose a conservative justice before we lose Obama and game over.
Doesn't = don't
They could easily win...but they would win only due to a biased judge who wasn't following the law...which is pretty common in federal court.
The "rule of law" has long since been replaced with the whims of judges, sadly.
See my post above about why the law says that they are wrong.