He previously said he disagrees with President Barack Obama's stance on same-sex marriage, reasoning that God says such a union should be between a man and a woman.
Though that case did not involve the federal marriage law, its reasoning about whether the state's interest in promoting procreation can justify a ban on same-sex marriages was sharply at odds with that of Judge Snyder.
However, unlike earlier culture wars over homosexuality, which often pitted conservative ministers against secular gay rights leaders, in California liberal clergy members plan to be in the forefront defending same-sex marriage, using religious reasoning.
On banning same-sex marriage, Schuette's reasoning is the 10th Amendment, individual states' rights and the defending "the will of the people".
Now, I don't know whether Utah's same-sex marriage foes gained such reasoning skills (or, for that matter, learned the word "ergo") in the hallowed halls of their fair state's esteemed institutions of higher learning.
If every divorce is a "failed" marriage then by that same reasoning, a loveless, sexless, contemptuous and alcoholic marriage that lasts until one spouse kicks over would be a "successful" marriage (we won't even mention how that would most likely screw up their kids for a long, long time).
She remained in the marriage for another year by reasoning that at least her husband hadn't fallen in love with another woman.
The court could do the Republican Party a couple of favors by finding a constitutional right to same-sex marriage -- particularly if the reasoning is based on a more basic question of equal protection of rights for men and women.
A backlash from a sweeping gay marriage opinion, this line of reasoning holds, would undermine the Court's legitimacy.
By tethering marriage rights to procreation, Robert George betrays the flaws in his circular reasoning against same-sex marriage: arguing that gay pairs shouldn't be allowed to wed because they can't procreate would also disqualify infertile straight pairs.
