Orin Kerr reports that a NY trial judge has ruled gay marriage legal. The opinion is online (pdf). It's difficult to know where to begin but there doesn't seem to be any basis in this decision to defend marriage as an institution for only two people. If marriage is maleable enough to extend it to effective tripartite marriages (two women and a male sperm donor) it seems a short distance to pulling the rest of the guy into the arrangement beyond renting his gonads. You can also attack consanguinity regulation of marriage on equal protection grounds because we do not limit marriage between people who have as high a risk of genetic defects as uncle/neice pairings would. This is just really poor and I hope this summary judgment decision gets squashed quickly.
Posted by TMLutas at February 5, 2005 12:17 PM