Judge Vaughn Walker

SAN FRANCISCO – The legal team defending California’s ban on same-sex marriages is in the very odd position of having to argue that most people—including heterosexuals—feel an attraction to people of the same sex at some time in their lives. They must argue that there’s no sharp line between heterosexuality and homosexuality, and that the image any person might have of a “mate” can be “infinitely variable.”

These are not the sorts of ideas put forth by the Yes on 8 campaign in 2008, when it sought passage of Proposition 8, to amend the state constitution to define marriage as including only “one man and one woman.” But the battle has moved from the political arena—where the general public can be swayed by appeals to numerous emotions—to the legal arena, where judges must scrutinize the logic and reasonableness of various arguments.

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SAN FRANCISCO – The legal team defending California’s ban on same-sex marriages is in the very odd position of having to argue that most people—including heterosexuals—feel an attraction to people of the same sex at some time in their lives. They must argue that there’s no sharp line between heterosexuality and homosexuality, and that the [...]