Three years ago, in a column titled "It's Not You, It's Me," I noted that a rhetorical shift had occurred among opponents of gay rights. In earlier times, there was lots of talk about the immorality of homosexuality and how depraved gay people were, but now those sentiments have become marginalized. For more mainstream spokespeople, the argument against same-sex marriage is not about gay people at all but about straight people. The problem with same-sex marriage, they say, is the effect gay people's marriages will have on straight people's marriages. What that effect will be, they can't precisely say, but they're sure it'll be bad. Similarly, when we argued (briefly) about repealing the "Don't Ask, Don't Tell" policy, their claims were not about whether gay soldiers could do their jobs, but whether their presence would make straight soldiers uncomfortable.
Next week, the Supreme Court will hear oral arguments on cases challenging California's Proposition 8, which outlawed gay marriage in the state, and the federal Defense of Marriage Act. There's little doubt that at least three of the justices (Scalia, Thomas, and Alito), and maybe more, will be staunch defenders of the legal status quo. But it will be interesting to hear what kinds of arguments the lawyers on their side come up with, particularly under questioning from the liberal justices. The original Prop. 8 trial was something of a farce, as the law's defenders proved unable to provide any rationale for it that could withstand a moment of cross-examination. So what are they going to say at the Supreme Court?
