Buried in the oral argument transcript of the Proposition 8 case is a potential revelation of how Justice Kennedy might be thinking: Don't think of it as "gay marriage" but as "same-sex marriage." Discrimination on the basis of sexual orientation isn't the problem; gender discrimination is. Wait, what?
On Sunday at Middle Church, my white husband and I will celebrate Loving Day and the landmark case that gave us the right to marry and live with each other. We will celebrate in hope that the Supreme Court will once again change the story, that it will rule on Prop 8 and DOMA in such a way that all couples have the right to marry in every state in our union.
If there is any lesson to come out of those initiative battles in the states of Maine, Maryland, Minnesota and Washington it is that marriage is more than just private right. It is also a political institution through which we determine the boundaries of civic inclusion, and define the norms of citizenship.