"I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can't. And the difference is based upon their different sex."

So said Chief Justice Roberts, in part of yesterday's oral argument which I discussed in some detail earlier this morning.

I just wanted to write a separate post to beat you over the head with the profound accuracy of the Chief's statement.

The government, in banning same-sex marriage, does nothing to ascertain that couples are sexually attracted to each other.

The Sue that loves Joe could be a lesbian, and the Tom who loves Joe could be heterosexual.

Maybe Joe is a very desirable marriage partner for reasons that have nothing to do with a desire to have sex with him. Maybe he's rich and powerful and has a wonderful circle of friends. This Joe, perhaps, loves to cook and is a great cook, and he's got an extensive wine cellar. Maybe he loves just the kind of movies/sports that Sue/Tom loves, and he keeps up an endlessly entertaining stream of conversation, full of witty observations and howlingly funny jokes. And he's perfectly happy to allow Sue/Tom to pursue sexual adventures. Go right ahead! Have them! And come back home to Joe's delicious late-night supper and drink some of Joe's top-notch wine and you can talk about sex for hours.

The government has no idea, and the government should have no idea.