The Court of Appeals for the Ninth Circuit has, once again, put the marriage
dreams of California’s lesbian and gay couples on hold—at least until
December, when it promises to hear the appeal from Judge Walker’s decision
in *Perry v. Schwarzenegger, *which struck down California’s Prop 8. That’s
a decision that deserves all the praise that it has been getting, offering
the appeals court a smorgasbord of careful reasoning supporting equal
marriage from which to pick as it writes its own decision. Walker’s decision
succinctly identifies the arguments against equal marriage and examines the
evidence to reveal the opposition’s intellectual and practical hollowness.
And yet Walker’s opinion made me sick with worry—precisely because it is
written so broadly that it seems to invite the Supreme Court to weigh in.