California's Proposition 8, overturning gay marriage in the state, is in court once again. This time, it's in federal district court -- no doubt as a step on the way to the Supreme Court. It strikes me that this case pits social conservatives against Libertarian conservatives.
To the extent that anti-gay-marriage forces prevail, they will be supporting the precedent -- previously established by the California Supreme Court -- that a simple majority can strip legal protections from a minority. Don't think this precedent could ever be used outside the context of gay marriage? Wake up.
To the extent that they fail, they will establish a federal precedent for the recognition and protection of same-sex marriages. If the court goes this way, it may well try to craft a very narrow ruling. It will fail. In this case too, interest groups will run with the ruling and do all they can to expand its scope.
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