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Winning After Losing on Gay Marriage

Phil Byler Wrote: Apr 01, 2013 7:42 AM
I think that this article is jumping the gun. The states are not going to adopt what the writer calls gay marriage one by one unless we roll over. We don't roll over; we recharge. The current state of affairs reflects a set of legal arguments that is not sufficiently infused with why traditional marriage should be protected. Stop writing and talking about "gay marriage." Unlike traditional marriage, homosexual partnerships cannot procreate and cannot provide the optimum family structure for raising children -- with a father and a mother. There is no denial of equal protection and no discrimination given these differences, and society has a right to award benefits to traditional marriage.

As a lawyer, I sometimes have to deliver news that clients don’t want to hear. Here’s some for conservatives. The gay marriage fight is over. It is here to stay, and conservatives – whether for it, against it or just tired of hearing about it – need to coolly and dispassionately figure out just how we are going to win going forward.

This is not a judgment about its pros and cons. We’re past that. None of it matters anymore. This is about dealing with reality. Whether the fight ends with a Constitution-twisting Supreme Court ruling or after years or...