Thursday, August 5, 2010


The evidence at trial shows that marriage in the United States traditionally has not been open to same-sex couples. The evidence suggests many reasons for this tradition of exclusion, including gender roles mandated through coverture, FF 26-27, social disapproval of same-sex relationships, FF 74, and the reality that the vast majority of people are heterosexual and have had no reason to challenge the restriction, FF 43. The evidence shows that the movement of marriage away from a gendered institution and toward an institution free from state-mandated gender roles reflects an evolution in the understanding of gender rather than a change in marriage. The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. FF 21. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.


Rymenhild adds that "if you enjoy schadenfreude, Judge Walker's comprehensive demolishing of David Blankenhorn's status as self-declared expert, on pages 38-49, is a thing of beauty."

And yes, this is the import of the above-quoted passage, in my book.


aaron bady said...

My favorite:

"To the extent Blankenhorn believes that same-sex marriage is both a cause and a symptom of deinstitutionalization, his opinion is tautological"

Though perhaps he's just into dialectic reasoning?

Natalia said...

I'm sure that's it, Aaron.