That approach reversed the burden of proof on all marriage questions that came before courts. Barely a decade later, as a landmark gay marriage case approached the Supreme Court in 2015, the activist and law professor David Cole could speak of “discrimination on the basis of sexual orientation, such as the same-sex marriage bans at issue in Obergefell.” Bans? It was one thing to say that an antiquated definition of marriage needed to change with the times, quite another to say that an intent to harm gays (for in order to have a “ban,” there must be an intent) was one of the reasons marriage
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