On August 4, Judge Vaughn Walker ruled California’s ban on same-sex marriage to be unconstitutional. Compared to the plaintiffs, the defense was ill-prepared and under represented. But perhaps its greatest liability was its principal argument:: “the central purpose of marriage...(is to) promote naturally procreative sexual relationships and to channel them into stable, enduring unions for the sake of producing and raising the next generation.”
Under this banner, the defense was doomed, not on August 4, 2010, but on June 7, 1965. On that day the Supreme Court declared a Connecticut law prohibiting the use of contraceptives within marriage to be unconstitutional (Griswold v. Connecticut). That such a law was still in effect as late as 1965 (several states had similar laws) underscores, not just the government’s understanding of marriage, but it’s expectation of it...at least until 1965.
