One more reason I love Dahlia Lithwick:

Even the most deferential review should grapple with whether banning gay marriage really encourages straight marriage; whether there is something about marriage that magically lures heterosexual parents into its grasp—something that would evaporate if it were also extended to gay parents. Even deferential review that was also deaf, dumb, and blind would do more than just assert that gay marriage is illegal because kids “thrive” in straight homes. That claim is not just slightly over- or underinclusive, as the majority would have it. It’s nonresponsive.