1. THE TROUBLE WITH NORMAL BY MICHAEL WARNER THE EVOLUTION OF THE GAY MARRIAGE DEBATE 1999-2009 AND

2. GAY MARRIAGE = STATE REGULATED SEX? Warner makes the argument that gay marriage would result in equality for some but the denial of rights to others -- essentially a continuation of the current dual-class society . His argument stems from the Bowers v. Hardwick Supreme Court decision that upheld anti-sodomy laws in many states across the US. But Bowers v. Hardwick no longer applies to this argument.

4. Struck down state laws banning the practice of sodomy between consenting same-sex or heterosexual adults in private

5. Fundamentally altered the grounds of the state to legislate sex acts between adults

8. In her opinion, she noted that this element of equal protection created an opportunity for recognition of same-sex couples, if the states banning marriage for gays also banned domestic partnerships and civil unions. She reasoned that laws banning same-sex marriage were permissible when they intended to "preserve" traditional marriage, but if the laws only served to bar homosexuals from rights that would be otherwise available (such as through civil unions) then they would be unconstitutional under equal protection. Lawrence v. Texas

10. Vermont, New Jersey, and New Hampshire have civil unions that are explicitly defined as offering the same benefits as marriage under state law

11. Maine, Hawaii, DC, Oregon, Washington, and Maryland have same-sex domestic partnerships which offer some, not all, of the benefits of marriage

12. Rhode Island and New York recognize same-sex marriages performed in different states

16. The YES ON 8 campaign was funded by national corporate donors and members of the Mormon Church

18. The constitutionality of Prop 8 has been challenged in the state Supreme Court

19. The Prop 8 issue most likely to endure and impact the national marriage debate:

20. should the rights of a minority be up for majority popular vote ?

21. 2000 - 2009 SOURCE: GALLUP

22. SOURCE: NYT/CBS POLL

23. CIVIL UNIONS AND DOMESTIC PARTNERSHIPS One of Warner's central arguments against state-sanctioned gay marriage is that it would create further obstacles to equality for the statuses conferred by legal marriage . However, he frequently mentions civil unions and domestic partnerships , as well as international examples like France's PACS , as avenues toward equality. Ten years later, where do we stand?

24. CIVIL UNIONS AND DOMESTIC PARTNERSHIPS (Yes, it's been ten years , but eight of those were the Bush administration and iron-clad right-wing conservative rule in Congress. Obama can't fix everything THIS SECOND.) Many state constitutional amendments that ban recognition of same-sex couples also ban domestic partnership benefits for heterosexual couples -- making marriage the only means of attaining certain legal statuses for heterosexuals, and ruling out the possibility of those statuses at all for gay couples.

25. So when it comes to civil unions and domestic partnerships , progress for the gays tends to be progress for the straights , too. And when the gays lose equal rights , so do many straights. But Warner's prediction that gay marriage would result in a deprived under-class didn't entirely come to bear -- in fact, the opposite turned out to be true. The ban on gay unions caught heterosexuals in the crossfire.

26. AND STILL ... There is no all-inclusive federal employment non-discrimination act. The ENDA currently in congressional committee does not provide protection for trans-people or the genderqueer, and mainstream gay and lesbian groups like the HRC have stepped away from their support of an inclusive ENDA, focusing on getting a bare-bones act passed first -- promising that reforms will come later. There is no federal hate crimes legislation for crimes against homosexuals. President Obama has promised to pass one … at some point. The Defense of Marriage Act still bars federal rights for same-sex unions. President Obama has also promised to repeal DOMA … "when the time is right."

27. BONUS EXCITING EQUALITY MOMENT OF THE DAY On Monday, Representative Ellen Tauscher (D-CA) introduced legislation that would repeal the Clinton-era "Don't Ask, Don't Tell" policy that bans gays and lesbians from serving in the military.