Reason Magazine has excerpted part of the Prop. 8 (gay marriage ban) decision from the judge who gave the decision:
At oral argument on proponents' motion for summary judgment, the court posed to proponents' counsel the assumption that "the state's interest in marriage is procreative" and inquired how permitting same-sex marriage impairs or adversely affects that interest. Counsel replied that the inquiry was "not the legally relevant question," but when pressed for an answer, counsel replied: "Your honor, my answer is: I don’t know. I don't know."…Evidence is so passe when strong feelings are involved. The "Conservatives" arguing in favor of the ban are nothing more than Progressives in disguise. And lest you think I'm a proponent of gay marriage - no. But I'm not bothered by it either.
Despite this response, proponents in their trial brief promised to "demonstrate that redefining marriage to encompass same-sex relationships" would effect some twenty-three specific harmful consequences. At trial, however, proponents presented only one witness, David Blankenhorn, to address the government interest in marriage. Blankenhorn’s testimony…provided no credible evidence to support any of the claimed adverse effects proponents promised to demonstrate. During closing arguments, proponents again focused on the contention that "responsible procreation is really at the heart of society's interest in regulating marriage." When asked to identify the evidence at trial that supported this contention, proponents' counsel replied, "you don't have to have evidence of this point."
There was a day when Conservatives were directed by reason. They had much better arguments than "tradition" And if tradition is so important how do you explain their support for the Progressive supported (back in the day) untraditional Drug Prohibition?
So let me ask. Of the points those who favor the ban suggest "will be proved" [pdf] is there any thing that would actually pass as proof? Or is it as I suspect another version of the Progressive refrain: "I have a feeling". Followed by that other Progressive refrain: "something must be done".
My advice to conservatives? If you really don't like Progressives why not stop following in their footsteps? Why not elevate reason over feelings? That would be a really different brand of politics.
And I found this an especially amusing addendum to the whole controversy. Reagan-Appointed Judge Strikes Down Gay Marriage Ban.