Both sides drew near to be heard at the California Supreme Court yesterday. San Francisco Chief Deputy City Attorney Therese Steward took the predictably liberal tact and argued there is no rational justification for excluding homosexuals from marriage.

“Constitutional concepts are not static and we have never confined ourselves to historic notions of equality.”

Glen Lavy of the Alliance defense fund countered that the state has a compelling interest in protecting traditional marriage.

“It does that primarily because when men and women come together in sexual relations, so often they have children.”

Bob Tyler of Advocates for Faith and Freedom says the decision will be close.

“There were a couple justices that appeared to be clearly biased against our position and a couple of justices who I felt like they not only respected, but agreed with our position.”

None of the lawyers for traditional marriage were able to document to some of the justice’s satisfaction how gay marriages hurt children. Tyler thinks that’s a problem.

“It is these adverse social consequences that we as a movement need to begin addressing more clearly and not shy away.”

Without them it will be hard to win over a court, much less public opinion.