Irrational Basis
By I’m hoping this argument will work its way into the Scalia dissent:
There are a lot of terrible arguments against same-sex marriage, but this may be the worst: The Supreme Court must not protect gay couples’ marriages, because doing so would demean marriages between gay men and their wives.
That, in a nutshell, is the argument put forth in an amicus brief recently filed by a group who call themselves “same-sex attracted men and their wives.” These men don’t claim to have become straight through conversion therapy—though a group of self-proclaimed ex-gays did file their own deeply sad and strange brief. Nor do they claim to be bisexual. Rather, these men admit that they’re “same-sex attracted,” but insist that “a Constitutional right to same-sex marriage can only come at the cost of marginalizing and demeaning the marriages and families” of gay men married to straight women. And that risk, they say, is reason enough for the court to rule against marriage equality.
In fairness, I’m not sure it’s really worse than any of the others.