That’s Frank Schubert’s apt assessment, in this Public Discourse essay, of the litigation against California’s Prop 8.
As Schubert points out, if the issue at stake weren’t such a cause célèbre, that assessment would be shared by nearly everyone.

About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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