It's the procreation argument again (PDF file). I need time to read the decision and I'm on a deadline. On a more positive front, Democratic gubernatorial front-runner in New York, Eliot Spitzer, said the following in a rambunctious debate last night:
"I think same sex marriage should be legal. I will propose a bill to permit that to be the case in the state of New York."
And so the courts begin to retreat and the legislative process gains ground. Recall that the most populous state in the country has already passed marriage equality in its legislature. In some ways, a court pause before a looming legislative triumph may be good news.