Not just the huge new victories in Britain and France, but this in the lead-up to America’s Supreme Court showdown:
Forty-one states prohibit same-sex marriage. But only twenty of those forty-one states have filed briefs in support of the constitutionality of Proposition 8: Indiana is the lead party on a brief for nineteen states, and Michigan filed a brief of its own. Compare this level of state participation with, for example, the amicus brief filed by all forty-nine other states in Maryland v. King (to be argued February 26), in support of Maryland’s argument that a state does not violate the Fourth Amendment by collecting and analyzing the DNA of persons who have been arrested for, but not convicted of, a criminal offense.
Marty Lederman has more. They know this is a losing battle.