Right now, the U.S. Supreme Court is hearing arguments that challenge the legality of California's Proposition 8 and the federal Defense Of Marriage Act, both of which prohibit gay marriage. In so doing, these measures do not extend the benefits of marriage (in taxes, estates, insurance, employment, etc.) equally to all people. "Justice Buster" finds them in violation of the 14th Amendment's "equal protection under the law" provision, and orders that both Prop 8 and DOMA be overturned. They are toast.
Will the real Supremes agree with pretend-Justice Buster? Who knows? But they really should, because the worm has turned on this issue, society has progressed, and the majority of Americans now support gay marriage.
Opponents argue that "legitimate" marriage hinges on procreation. And they argue (in the Prop 8 case) that it's a state sovereignty/states rights issue. Wrong on both counts.
The desire or ability to produce offspring has never, ever been a pre-condition to marriage. And states rights are fine, until a state does something really stupid (like, say, slavery and secession, just to give an obvious example). That's when the feds have to step in with their trump card and stop the nonsense.
Bottom line? Legal fine hairs notwithstanding, change is coming (it always does) and the social conservatives will be passed by (they always are). The issue is about civil rights and equal rights, and dear readers, equal means equal.
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