Toward a Liberal Theory of Marriage and the State

San Francisco's straight and icono­ clastic mayor Gavin Newsom presided over the wedding of Del Martin, 87, and Phyllis Lyon, 84. Partners for more than half a century, Martin and Lyon were the first same-sex cou­ ple to be married under the California Supreme Court's landmark ruling In re Marriage Cases. In addition to the joy that normally accompanies a wedding, Martin and Lyon's ceremony was marked by the euphoria of injustice righted. Mayor Newsom declared, " Today, marriage as an institution has been strengthened. " 1 opened the historic inauguration of the forty-fourth presi­ dent, Barack Obama, with the words, " Almighty God, our father. " At that moment, amid the thick whirl of hope and virtue, on the side streets in the capital and cities across America, some of Obama's most loyal supporters stood and waved flags of protest. Warren's comments on same-sex mar­ riage stirred the only noticeable disturbance in Obama's transition into the White House. One month earlier, War­