Mr. Schulman purports to explain "Gay marriage: Why Judge Walker got Proposition 8 ruling wrong." He doesn't actually do that, or even make a great deal of sense. There are a number of problems with Schulman's essay, and all of them are inherent in Schulman's understanding of the nature of marriage, and the purpose of marriage in human history. He thinks marriage began as a way to protect women; marriage, to Schulman is
a necessary defense of a woman's sexuality and her human liberty from determined assault by men who would turn her into a slave, a concubine—something less than fully human.
In California's 2000 primary election in March of 2000,
Judge Vaughn Walker in Perry v. Schwarzenegger, the federal trial that has determined the unconstitutionality of California's Prop 8, has just announced that in implementing Prop 8 California violated the rights of California’s gay and lesbian citizens, and asserted that marriage as an socio-political and legal institution should be equally available to same-sex couples as it is for opposite-sex couples.
Judge Walker's ruling states: