It's complicated. A law that required submission of fertility information for marriage would pose an undue privacy burden. To a state agency handing out marriage licenses, it's clear that a gay couple isn't in danger of accidentally having children. It's not so clear when an infertile couple walks in.

Look, I'm not a lawyer, but this is the Supreme Court of New York we're talking about. They're not idiots. It's a reasonable argument. I wish it weren't, but it is.

We've been lucky in the past that the Constitution has been conducive to the procuring of civil rights. Maybe this time we're not so lucky. It does no good to be bull-headed about the subject.