Yesterday's Times article about the inequities of civil unions is indeed important reading. In many contexts, obtaining civil unions is an improvement on the status quo, but it's also important that civil unions haven't produced marriage-in-all-but-name but in practice seem to fall short of equality. For state courts considering the question, such inequities seem relevant to whether civil unions (as opposed to equal marriage rights) can be consistent with equal protection of the laws, especially since the legislative entrenchment of gay marriage in Massachusetts makes assumptions that civil unions will provoke much less backlash than actual equality quite questionable.
--Scott Lemieux