facebooktwitter
Blogs
Posts Tagged ‘The New York Times’

Gay Marriage Puts Mexico City At Center Of Debate (From The New York Times)

February 7th, 2010 The Next Family No comments

By ELISABETH MALKIN- An article from The New York Times

07mexico_CA0-articleLarge

MEXICO CITY — Angela Alfarache and Ivonne Cervantes met at a party 16 years ago and have been a couple ever since, filling their lives with books and writing and friends. After their daughter, Constanza, was born six years ago, they became a family.

Mexican law never saw it that way. Only Constanza’s biological mother — the pair will not say which one gave birth to her because, as they explain, they are both her mothers — is her legal parent. The law does not recognize the other mother.

In a few weeks, that will change. A new Mexico City law goes into effect March 4 that will allow same-sex couples to marry and adopt children, propelling the city to the forefront of the global gay rights movement.

“We want society to change its chip that says there is only one kind of family,” said Ms. Alfarache.

But fierce opposition erupted almost as soon as the law was passed on Dec. 22. In his final homily of the year in Mexico City, Cardinal Norberto Rivera Carrera said, “Today the family is under attack in its essence by the equivalence of homosexual unions with marriage between a man and a woman.” Roman Catholic groups asked the conservative federal government to intervene.

President Felipe Calderón said the Constitution defined marriage as between a man and a woman, although legal experts disagree. His attorney general filed a challenge before the Supreme Court, arguing that the law violates a constitutional clause protecting the family.

Under its left-wing mayor and city assembly, Mexico City has stretched the nation’s limits in acknowledging just how much the conceptions and realities of family have changed here. The city legalized abortion in the first 12 weeks of pregnancy, untangled its cumbersome divorce laws and recognized civil unions.

But while many families have been fractured by migration, teenage pregnancy, divorce and abandonment, most Mexicans still cherish the ideal of a nuclear family.

More on this article The New York Times

Children Speak For Same Sex Marriage- From The New York Times

January 21st, 2010 The Next Family No comments

From The New York Times – by: Sarah Wildman

 

Richard Perry/The New York Times

GOING PUBLIC Karen, Kasey and Marcye Nicholson-McFadden at the State House in New Jersey.

By SARAH WILDMAN
Published: January 20, 2010
LAST month, advocates and opponents of same-sex marriage packed the New Jersey State House in Trenton, supporters in blue, opponents in red. Near the end of the day, Kasey Nicholson-McFadden took the microphone. “It doesn’t bother me to tell kids my parents are gay,” he said in a clear voice. “It does bother me to say they aren’t married. It makes me feel that our family is less than their family.”

Matthew Holst for The New York Times

The BarbouRoske family in Iowa: Jen, Breeanna, Dawn and McKinley.

Readers’ Comments

Readers shared their thoughts on this article.

Kasey is 10 years old. When the New Jersey State Senate voted against same-sex marriage on Jan. 7, he was devastated. “We tried to buoy him and say, ‘It’s another step in the process and it’s not over yet,’ ” said Karen Nicholson-McFadden, one of Kasey’s mothers.

In fact, Garden State Equality, the New Jersey gay-rights organization that invited Kasey to speak, quickly told reporters they would pursue the issue through the judiciary system. It will be familiar territory for the Nicholson-McFaddens, who vow to press on — be it through rallies or lawsuits.

For as long as Kasey can remember, Marcye and Karen Nicholson-McFadden have been petitioning the State of New Jersey for the right to marry. So while much of Kasey’s free time is spent on typical preteen activities — in-line skating, swim team and soccer practice — some of it is spent appearing in advertising campaigns and events organized by Garden State Equality. So many of that organization’s 64,000 members have children that the group provides day care and activities for teenagers during its events.

In 2008 about 116,000 same-sex couples across the country were raising a total of about 250,000 children under age 18, according to an analysis of Census data by Gary J. Gates, a demographer of the gay and lesbian population at the Williams Institute at the University of California, Los Angeles, law school.

More on this article go to New York Times

Raising A Child In Two Worlds- From The New York Times

December 10th, 2009 The Next Family No comments

From The New York Times Article from “Motherlode”
By NICOLE SPRINKLE

My child doesn’t look quite like me (Caucasian) or her father (Colombian); she’s something new for both families. When I was pregnant, the thought of having an “exotic” looking child based on our combined genetics – Jose’s inky black hair, dark eyes, and round face coupled with my waspy, delicate looks and tiny build – hadn’t really occurred to me. When my short, funny husband won me over, the only real consideration I gave to our genetic future was: If it’s a boy, he won’t get on any basketball team.

To complete this article go to New York Times

What’s Good For The Kids- An Article From The New York Times

November 18th, 2009 The Next Family No comments

By: Lisa Belkin
nytgoodforkids

It has been apparent for a while now that we live in child-centric times. We approach parenting with a single-mindedness that baffles our own parents, and certainly their parents, who thought children should be seen and not heard. We think it’s just fine to put our kids ahead of our careers, our relationships, our social lives, and even if we aren’t doing so, everyone around us seems to be.

We demand that public policy — on health care, or education, or stimulus money — consider the needs of children as surely as it does the needs of doctors, teachers and businesses. (I am not saying that public policy makers always respond, mind you, but “what about the children?” is certainly a rallying cry.) We devour research on how to build our children’s self-esteem, to keep them from being bullied and to expand their intellects.

It is striking, then, how comparatively rarely children are mentioned as an argument in favor of gay marriage. The issue is framed as a debate over equality and justice, of personal freedom and the relation of church and state, not about what is good for kids.

That’s partly because, until relatively recently, we didn’t know much about the children of same-sex couples. The earliest studies, dating to the 1970s, were based on small samples and could include only families who stepped forward to be counted. But about 20 years ago, the Census Bureau added a category for unwed partners, which included many gay partners, providing more demographic data. Not every gay couple that is married, or aspiring to marry, has children, but an increasing number do: approximately 1 in 5 male same-sex couples and 1 in 3 female same-sex couples are raising children, up from 1 in 20 male couples and 1 in 5 female couples in 1990.

This growth, coupled with the passage of time, means there is a large cohort of children who are now old enough to yield solid data. And the portrait emerging tells us something about the effects of gay parenting. It also contains lessons for all parents.

“These children do just fine,” says Abbie E. Goldberg, an assistant professor in the department of psychology at Clark University, who concedes there are some who will continue to believe that gay parents are a danger to their children, in spite of a growing web of psychological and sociological evidence to the contrary. Her new book, “Lesbian and Gay Parents and Their Children,” is an analysis of more than 100 academic studies, most looking at groups of 30 to 150 subjects, and primarily on lesbian mothers, though of late there is a spike in research about gay fathers.

In most ways, the accumulated research shows, children of same-sex parents are not markedly different from those of heterosexual parents. They show no increased incidence of psychiatric disorders, are just as popular at school and have just as many friends. While girls raised by lesbian mothers seem slightly more likely to have more sexual partners, and boys slightly more likely to have fewer, than those raised by heterosexual mothers, neither sex is more likely to suffer from gender confusion nor to identify themselves as gay.

More enlightening than the similarities, however, are the differences, the most striking of which is that these children tend to be less conventional and more flexible when it comes to gender roles and assumptions than those raised in more traditional families.

There are data that show, for instance, that daughters of lesbian mothers are more likely to aspire to professions that are traditionally considered male, like doctors or lawyers — 52 percent in one study said that was their goal, compared with 21 percent of daughters of heterosexual mothers, who are still more likely to say they want to be nurses or teachers when they grow up. (The same study found that 95 percent of boys from both types of families choose the more masculine jobs.) Girls raised by lesbians are also more likely to engage in “roughhousing” and to play with “male-gendered-type toys” than girls raised by straight mothers. And adult children of gay parents appear more likely than the average adult to work in the fields of social justice and to have more gay friends in their social mix.

Heterosexual couples might want to pay attention to these results. While the gay-marriage debate is playing out on the public stage, a more private debate is taking place in kitchens and bedrooms over who does what in a heterosexual marriage (takes out the trash, spends more time with the kids, feels free to head out with their friends for a beer). The philosophical underpinnings of both conversations — gay marriage and equality in parenting — are similar, in that both focus on equality for adults (in the case of heterosexuals, mostly wives). But even if parents who seek parity do so for their own sanity and in pursuit of their own ideals, might it not also be better for their children?

Yes, if less conventional, more tolerant children are your goal. Because if the children of gays and lesbians are different, it is presumably related to the way they were raised — by parents with a view of domestic roles that differs from most of their heterosexual peers.

Same-sex couples, it seems, are less likely to impose certain gender-based expectations on their children, says M. V. Lee Badgett, director of the Center for Public Policy and Administration at the University of Massachusetts at Amherst and author of “When Gay People Get Married: What Happens When Societies Legalize Same-Sex Marriage.” Studies of lesbian parents have found that they “are more feminist parents,” she says, “more open to girls playing with trucks and boys playing with dolls,” with fewer worries about conforming to perceived norms.

They are also, by definition, less likely to impose gender-based expectations on themselves. “Same-sex parents tend to be more equal in parenting,” Goldberg says, while noting that no generalization can apply to all parents of any sexual orientation. On the whole, though, lesbian mothers (there’s little data here on gay dads) tend not to divide chores and responsibilities according to gender-based roles, Goldberg says, “because you have taken gender out the equation. There’s much more fluidity than in many heterosexual relationships.”

So while we arguably spend too much time focusing on children, when it comes to the topic of nontraditional marriage, maybe we should start focusing on them more. One of the few parenting conversations that is not child-centric might be well served to become so. These are questions of rights and equality for adults, yes, but also questions of what is good for the kids.

Lisa Belkin is a contributing writer and the author of the Motherlode blog.

More on this article- NEW YORK TIMES

Same Street, Different World: ‘Sesame’ Turns 40- An Article From The New York Times

November 8th, 2009 The Next Family No comments

A New York Times Article By: ALESSANDRA STANLEY
big bird

IT is almost too perfect that the first African-American president of the United States was elected in time for the 40th anniversary of “Sesame Street.” The world is finally beginning to look the way that the PBS show always made it out to be.
Top, Big Bird, still a big star on “Sesame Street.” Above, Zoe, Rosita and Abby Cadabby sing about gardening.
So it is to the credit of this daunting cultural landmark — a program that has taught generations of children to count, countless parents how to teach and is seen in 125 countries around the world — that Tuesday’s anniversary is not a frenzy of preening self-celebration. Episode No. 4187 is as child-centric and respectful of routine as any other.

The special guest — the first lady, Michelle Obama — doesn’t make her appearance alongside Big Bird until midway into a show crammed with the usual preschool didactics. The letter of the day comes first — H, as in help and hug and healthy.

The only real difference is that on this day, viewers have to count to 40.

The pedagogy hasn’t changed, but the look and tone of “Sesame Street” has evolved. Forty years on, this is your mother’s “Sesame Street,” only better dressed and gentrified: Sesame Street by way of Park Slope. The opening is no longer a realistic rendition of an urban skyline but an animated, candy-colored chalk drawing of a preschool Arcadia, with flowers and butterflies and stars. The famous set, brownstones and garbage bins, has lost the messy graffiti and gritty smudges of city life over the years. Now there are green spaces, tofu and yoga.

It’s still a messianic show, but the mission has shifted to the more immediate concerns of pediatricians and progressive parents, especially when it comes to childhood obesity. “Sesame Street” takes the Muppets, rhymes and visual verve that were developed to instill tolerance, racial pride and equality, to preach exercise and healthy eating.

Put it this way, Mrs. Obama’s message on the anniversary episode isn’t an exhortation to future soldiers, scientists and presidents to be all that they can be, but to tiny consumers to eat the freshest food they can find. “Veggies taste so good when they come fresh from the garden, don’t they?” Mrs. Obama tells a rainbow coalition of children gathered around a soil tray, an echo of her White House kitchen garden. “If you eat all these healthy foods, you are going to grow up to be big and strong,” Mrs. Obama says, flexing her fists. “Just like me.”

That foodie focus is a reflection of the times and current fads, but also of a tension in the mandate of “Sesame Street,” as it straddles the two imperatives of being a public service in the broadest sense of the word — serving the underserved — while also competing with all the other shows and satisfying the public television donor base.

It is an urban myth that Cookie Monster was turned into Veggie Monster to appease nutrition Nazis, however — that was a blogosphere rumor in the Paul-Is-Dead school of whispering campaigns. But Cookie Monster’s palate was refined during Season 36 as part of the show’s “healthy habits for life” campaign. He now also gobbles fruits and vegetables, which are labeled by the show as “anytime” foods while cookies are held in reserve as “sometime” food. And almost every episode has a subliminal message about exercise and nutrition, along with a fruit bowl.

So much carb consciousness raising makes it all the more incongruous that McDonald’s is a “Sesame Street” corporate sponsor — perhaps the most overt sign of changing mores. It was a financially driven decision, made in 2003 after public television loosened its restrictions on sponsors’ promotional efforts.

“Sesame Street” no longer has a monopoly on growing minds; if anything, it is an endangered species. There are now scores of preschool shows, and some of them also are shown without ads, like “Playhouse Disney.” Not surprisingly, fewer children are watching “Sesame Street,” but most children are watching more television than ever: a recent Nielsen Company study showed that on average children ages 2 to 5 now spend nearly 25 hours a week watching TV and an additional 7 hours either watching taped shows and DVDs or sitting in front of a computer. The top-rated show in that age group in the month of September, according to Nielsen, was “Go, Diego, Go!” on Nickelodeon. “Sesame Street” trailed far behind.

To help cover costs “Sesame Street” reached out to family-friendly sponsors like Beaches resorts and Earth’s Best organic baby foods.
To read the rest of the article go to New York Times

No Einstein In Your Crib? Get A Refund- An article from The New York Times

November 4th, 2009 The Next Family 1 comment

By: TAMAR LEWIN
baby e

Parent alert: the Walt Disney Company is now offering refunds for all those “Baby Einstein” videos that did not make children into geniuses.

They may have been a great electronic baby sitter, but the unusual refunds appear to be a tacit admission that they did not increase infant intellect.

“We see it as an acknowledgment by the leading baby video company that baby videos are not educational, and we hope other baby media companies will follow suit by offering refunds,” said Susan Linn, director of Campaign for a Commercial-Free Childhood, which has been pushing the issue for years.

Baby Einstein, founded in 1997, was one of the earliest players in what became a huge electronic media market for babies and toddlers. Acquired by Disney in 2001, the company expanded to a full line of books, toys, flashcards and apparel, along with DVDs including “Baby Mozart,” “Baby Shakespeare” and “Baby Galileo.”

The videos — simple productions featuring music, puppets, bright colors, and not many words — became a staple of baby life: According to a 2003 study, a third of all American babies from 6 months to 2 years old had at least one “Baby Einstein” video.

Despite their ubiquity, and the fact that many babies are transfixed by the videos, the American Academy of Pediatrics recommends no screen time at all for children under 2.

In 2006, Ms. Linn’s group went to the Federal Trade Commission to complain about the educational claims made by Disney and another company, Brainy Baby. As a result, the companies dropped the word “educational” from their marketing. But the group didn’t think that was enough.

“Disney was never held accountable, and parents were never given any compensation. So we shared our information and research with a team of public health lawyers,” Ms. Linn said.

Last year, lawyers threatened a class-action lawsuit for unfair and deceptive practices unless Disney agreed to refund the full purchase price to all who bought the videos since 2004. “The Walt Disney Company’s entire Baby Einstein marketing regime is based on express and implied claims that their videos are educational and beneficial for early childhood development,” a letter from the lawyers said, calling those claims “false because research shows that television viewing is potentially harmful for very young children.”

The letter cited estimates from The Washington Post and Business Week that Baby Einstein controlled 90 percent of the baby media market, and sold $200 million worth of products annually.

The letter also described studies showing that television exposure at ages 1 through 3 is associated with attention problems at age 7.

In response, the Baby Einstein company will refund $15.99 for up to four “Baby Einstein” DVDs per household, bought between June 5, 2004, and Sept. 5, 2009, and returned to the company.

Lawyers in the matter refused to comment on the settlement.

Last month, Baby Einstein announced the new refunds — or “enhanced consumer satisfaction guarantee” — but made no mention of the lawyers’ demands.

“Fostering parent-child interaction always has and always will come first at The Baby Einstein Company, and we know that there is an ongoing discussion about how that interaction is best promoted,” Susan McLain, vice president and general manager, said in the statement. “We remain committed to providing a wide range of options to help parents create the most engaging and enriching experience for themselves and their babies.”

The founder and president of Brainy Baby, Dennis Fedoruk, said in an e-mail message that he was unaware of Baby Einstein’s refund announcement and could not offer further comment.

An outside public relations representative for Baby Einstein said there was nothing new about the refund offer.

“We’ve had a customer satisfaction guarantee for a long time,” she said, referring a reporter to the company Web site. However, Baby Einstein’s general “money-back” guarantee is only valid for 60 days from purchase and requires a receipt.

In contrast, the current offer, allowing parents to exchange their video for a different title, receive a discount coupon, or get $15.99 each for up to four returned DVDs, requires no receipt, and extends until next March 10.

“When attention got focused on this issue a few years ago, a lot of companies became more cautious about what they claimed,” said Vicky Rideout, vice president of the Kaiser Family Foundation. “But even if the word ‘education’ isn’t there, there’s a clear implication of educational benefits in a lot of the marketing.”

The Baby Einstein Web site, for example, still describes its videos with phrases like “reinforces number recognition using simple patterns” or “introduces circles, ovals, triangles, squares and rectangles.”

“My impression is that parents really believe these videos are good for their children, or at the very least, not really bad for them,” Ms. Rideout said. “To me, the most important thing is reminding parents that getting down on the floor to play with children is the most educational thing they can do.”

More on this article THE NEW YORK TIMES

Focus of Gay-Marriage Fight Is Maine- Article from The New York Times

October 28th, 2009 The Next Family No comments

From- The New York Times
By: ABBY GOODNOUGH
articleInline
Less than a week before Maine voters decide whether to repeal the state’s new same-sex marriage law, donations and volunteers are pouring in to sway what both sides call a nationally significant fight.

Supporters of the marriage law, which the Legislature approved in May, have far more money and ground troops than opponents, who have been led by the Roman Catholic Church. Yet most polls show the two sides neck and neck, suggesting that gay couples here, as in California last year, could lose the right to marry just six months after they gained it.

Although Maine’s population is a tiny fraction of California’s and the battle here has been comparatively low profile, it comes at a crucial point in the same-sex marriage movement. Still reeling from last year’s defeat in California, gay-rights advocates say a defeat here could further a perception that only judges and politicians embrace same-sex marriage.

If Maine’s law is upheld, however, it would be the movement’s first victory at the ballot box; voters in about 30 states have banned same-sex marriage.

Connecticut, Iowa, Massachusetts and Vermont allow gay couples to marry, but courts and legislatures, not voters, made it possible.

“It’s a defining moment,” said Marc Mutty, chairman of Stand for Marriage Maine, which is leading the repeal effort. “What happens here in Maine is going to have a mushrooming effect on the issue at large.”

Maine had planned to allow same-sex marriage starting in September, but put it off until the referendum is decided. It is the only state with a same-sex marriage question on its ballot this fall.

The outcome could have particular resonance in California, where same-sex marriage supporters have been debating how soon to seek a repeal of their own state’s ban.

Mr. Mutty’s group has repeatedly warned voters that if same-sex marriage survives in Maine, public schools will most likely teach children about it. That strategy proved effective in California, and even after Maine’s attorney general announced this month that the state would not require same-sex marriage to be taught, opponents have continued raising the possibility.

One of their television advertisements warns that in Massachusetts, where same-sex marriage has been legal since 2003, some teachers answer “thoroughly and explicitly” when students ask about gay sex.

But Stand for Marriage has not been able to advertise nearly as much as the lead group campaigning to save the law. That group, Protect Maine Equality, has raised $4 million, compared with Stand for Marriage’s $2.6 million. Its overarching message is that all people, including gay men and lesbians, should be treated equally under the law.

“You may disagree,” a gray-haired lobsterman says in a Protect Maine Equality advertisement, “but people have a right to live the way they want to live.”

The group has raised much of its money on the Internet, where it has also recruited volunteers from around the country with a Web site, www.travelforchange.org. Stace McDaniel, a retired teacher from Atlanta, said he decided to spend a few weeks volunteering for Protect Maine Equality after attending his first same-sex wedding this summer.

“I can’t believe I’m doing this,” said Mr. McDaniel, 57, who said he took out a $5,000 home equity line of credit to finance his trip. “It was a chance to do something really important. I don’t know anyone in Maine, but here I am.”

One of the volunteers working phones at the Stand for Maine offices last Thursday was Bonnie Johnstone of Portland, who said she had decided to help after hearing about the campaign at her Mormon church. But while Mormons played a huge role in California’s same-sex marriage ban — providing reserves of money and volunteers — they appear to be far less involved here, partly because the Mormon Church has a much smaller presence in New England.

The repeal effort has drawn a small number of volunteers from other states, Mr. Mutty said, including a group of students from Brigham Young University, a Mormon institution in Utah.

Stand for Marriage hired the same consulting firm that ran the California campaign against same-sex marriage, Schubert Flint Public Affairs, based in Sacramento, to produce its advertisements. And more than half of its financial support has come from the National Organization for Marriage, a conservative Christian group based in New Jersey that has fought same-sex marriage in other states.

But the Roman Catholic Diocese of Portland has played the most tangible role in the repeal movement, even urging its parishes to collect donations by passing a second collection plate during Mass.

The Maine Ethics Commission is investigating whether the National Organization for Marriage has violated the state’s campaign finance laws by keeping its donors anonymous. The group has responded with a lawsuit challenging Maine’s financial reporting requirements.

With no big races drawing voters to the polls this year, both sides say that get-out-the-vote efforts will be crucial. Supporters of same-sex marriage are counting on college students, while opponents are focusing on older voters from the state’s more conservative central and northern regions.

“Their voters are going to be weather-dependent, mood-dependent,” Mr. Mutty said. “Our voters tend to vote no matter what.”

Since polls have historically undercounted opponents of same-sex marriage — and none have shown supporters of the law more than a few points ahead, anyway — Protect Maine Equality is taking nothing for granted.

“We have every reason to think this will be a razor-thin election,” said Jesse Connolly, the group’s campaign manager.

THE NEW YORK TIMES

In Battle Over Gay Marriage, Timing May Be Key

October 26th, 2009 The Next Family No comments

From The New York Times
By: Adam Liptak
nytlogo379x64
In a San Francisco courtroom two weeks ago, a prominent lawyer opposed to same-sex marriage made a concession that could mark a turning point in the legal wars over the purpose and meaning of marriage.

The lawyer, Charles J. Cooper, has studied the matter deeply, and his erudite briefs are steeped in history. He cannot have been blindsided by the question Judge Vaughn R. Walker asked him: What would be the harm of permitting gay men and lesbians to marry?

“Your honor, my answer is: I don’t know,” Mr. Cooper said. “I don’t know.”

A couple of hours later, Judge Walker denied Mr. Cooper’s motion to dismiss a lawsuit seeking to establish a constitutional right to same-sex marriage. The concession and the ruling that followed it have transformed a federal lawsuit that had been viewed with suspicion by many gay rights advocates into something with the scent of promise.

The suit, filed in May by Theodore B. Olson and David Boies, made the bold claim that California’s voters violated the federal Constitution last year when they overrode a decision of the state’s Supreme Court allowing same-sex marriages.

The suit was, gay rights advocates said then, the wrong claim in the wrong court in the wrong state at the wrong time. There was wariness about Mr. Olson, a former solicitor general in the Bush administration, and there was frustration about what some viewed as his meddling in a carefully plotted and methodical strategy focused on state-by-state litigation and lobbying.

Those objections are waning. The ship has sailed, said Kenji Yoshino, a law professor at New York University, and gay rights advocates “need to focus on getting it to the right destination.” He added that Judge Walker’s refusal to dismiss the case “was a major victory for Olson and Boies.”

In the courtroom, Mr. Cooper’s arguments seemed to fall of their own weight. The government should be allowed to favor opposite-sex marriages, Mr. Cooper said, in order “to channel naturally procreative sexual activity between men and women into stable, enduring unions.”

Judge Walker appeared puzzled. “The last marriage that I performed,” the judge said, “involved a groom who was 95, and the bride was 83. I did not demand that they prove that they intended to engage in procreative activity. Now, was I missing something?”

Mr. Cooper said no.

“And I might say it was a very happy relationship,” Judge Walker said.

“I rejoice to hear that,” Mr. Cooper responded, returning to his theme that only procreation matters.

Later in the argument, Mr. Olson added his own observation. “My mother was married three years ago,” he said. “And she, at the time, was 87 and married someone who was the same age.”

Still, it is one thing to persuade Judge Walker. The ultimate destination of Mr. Olson’s suit is the Supreme Court, and it is hardly clear that he will be able to convince five justices to see things his way. Andrew Koppelman, a law professor at Northwestern and the author of “Same Sex, Different States: When Same-Sex Marriages Cross State Lines,” said Mr. Olson would have trouble attracting votes from the current justices. Asked how many justices Mr. Olson could count on, Professor Koppelman said, “I have trouble getting to one.”

It is not obvious that even the more liberal justices will want a piece of this fight. Justice Ruth Bader Ginsburg, for instance, has long said that Roe v. Wade, the 1973 decision that identified a constitutional right to abortion, went too far too fast and might have been counterproductive.

“The court bit off more than it could chew,” Justice Ginsburg said of the case in remarks at Princeton last year.

In a new book called “The Will of the People,” Barry Friedman, a law professor at New York University, argued that the Supreme Court was quite responsive to public opinion in constitutional cases.

When the court found no constitutional problem with a Georgia law that made homosexual sex a crime in Bowers v. Hardwick in 1986, two-thirds of Americans supported such laws. By 2003, when the court overruled Bowers and struck down a similar law in Lawrence v. Texas, public support had dropped to about a third.

This was, Professor Friedman wrote, “a screamingly evident case of the court’s running right along the tracks of public opinion.”

Mr. Olson’s problem, then, is that he may reach the Supreme Court too soon. Public support for same-sex marriage is gaining ground, particularly among younger people. But a majority of Americans remains opposed to the practice.

At the argument, Judge Walker seemed to share this concern. “Aren’t you just getting ahead of yourself by asserting this claim under the federal constitutional provisions?” the judge asked.

Mr. Olson responded by comparing his case to Loving v. Virginia, the 1967 Supreme Court decision that held bans on interracial marriage to be unconstitutional. But 34 states permitted interracial marriage when Loving was decided. Only six states permit same-sex marriages.

The Loving decision, moreover, came almost two decades after the California Supreme Court struck down a state law banning interracial marriage in 1948 in Perez v. Sharp. The California Supreme Court’s same-sex marriage decision is a little more than a year old, and it has been repudiated by the state’s voters.

At the argument in San Francisco, the two sides did agree on one point. “The name ‘marriage’ means a lot,” Mr. Cooper said. “It does have, by virtue of its ancient and venerable heritage, an imprimatur that is special.”

Judge Walker has scheduled a trial in the case for January. He wants to hear about the history and purpose of marriage and the consequences of allowing same-sex couples to marry. And he has hinted that he may allow the proceedings to be televised.

“We should buckle our seatbelts,” Professor Yoshino said. “A comprehensive vetting of the empirical issues by a judicial tribunal is welcome and long overdue. Walker’s trial bids fair to be a trial in an almost scientific sense of the word.”

NEW YORK TIMES