The courts vs. marriage.(THE LAW)

IN 2005, Connecticut enacted "civil unions," designed to be marriage in everything but name for same-sex couples. We are not sure what good purpose is served by such laws. The reason governments recognize marriage in the first place is to promote the well-being of children in the setting most conducive to their flourishing. There may or may not be great value in other types of relationships: those between friends, or heterosexual lovers, or relatives who take care of each other. But why should the government grant recognition to one subset of those non-marital relationships--those between people of the same sex who are sexually involved? What goal does such recognition serve? Other, that is, than the legitimization of homosexual conduct?

But Connecticut, at least, decided the matter democratically. Those people who objected could try to persuade their fellow citizens to repeal the law.

Now Connecticut's supreme court has decided that marriage in all but name is not good enough, and imposed same-sex marriage on the state. Like other courts, the Connecticut court treated the legislature's attempt to meet gay activists halfway as a reason to throw out the compromise and hand the activists a victory. If the legislature was willing ...