Why Not Separate Marriage and State?

There is no question that the media, political, and cultural push for gay marriage has made impressive gains. As recently as 1989, voters in avant-garde San Francisco repealed a law that had established only domestic partnerships.   But judging by the questions posed by Supreme Court justices this week in oral arguments for two gay-marriage cases, most observers do not expect sweeping rulings that would settle the issue and avoid protracted political combat. A total of 41 states currently do not allow gay marriage, and most of those laws are likely to remain in place for some time. Even should the Court declare unconstitutional the Defense of Marriage Act, which defines marriage as between a man and a woman for federal purposes, we can expect many pitched battles in Congress.

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