This argument might have some merit if sexual orientation were easily changed or if the state only had a limited number of marriage licenses to dispense. Their main argument seems to be that gays and lesbians should not be allowed to marry because the state has never allowed it in the past. We fail to see the importance of public opinion in this case. A poll taken in the 1950's concerning the preservation of racial segregation would have produced similar results. So would one conducted during the 1960's on confining marriage to same-race couples.
Marriage is vitally important to most committed couples.
It is a state so intimate that it effects all parts of their life, both as individuals and as a couple. The state must have overwhelming concerns before it denies two loving, committed adults the right to marry. No such concerns have been shown in this brief, or in the trial itself. We believe that no such concerns exist.