Phil,
I think it needs a response from the Libertarian running against the
Speaker of the House. One of the civil rights attorneys on Outright's
board may also comment, but she's probably exhausted from fighting a
ballot access battle in PA. And I gave up on Independent during the
Prop 8 battle when David Theroux opposed equal marriage. I refuse to
waste time on them anymore.
The Independent Institute has its collective head up its ass more
often than not lately. If his premise is correct about the slippery
slope of eroding the Tenth Amendment, then he's about 43 years too
late. It was the Loving vs. Virginia decision that prohibited states
from irrational discrimination in marriage laws, based on the
Fourteenth Amendment. This recent decision merely follows that
precedent.
I wish I could figure out what's up over at Independent.org. It's
becoming a knee-jerk reactionary conservative organization that
opposes anything anyone on the left does, no longer just on economic
issues where the left is anti-libertarian, but now on social ones
where the left is actually libertarian. Hard to believe they're just
across the bay in Oakland. They seem so out-of-touch with local
values.
By copy, I'm hoping Anthony can shed some light on what's happening
there. I'm guessing it's a lack of funding that's led to a desperate
attempt to pull in some extreme right-wing donations. Even Cato made
that ass-hat Tucker Carlson a fellow, though thankfully as soon as
they did it you never heard about that relationship again. I'm
betting Boaz had something to do with that disappearing act. 
But
Independent seems to have kept going whole-hog toward right-wing
social conservatism. They'd better be getting most of their money
from outside of the Bay Area, because it's just a matter of a few
years before anyone in this area will deny having been against
marriage equality, just like some of them who are old enough deny the
fact that they were on the wrong side of the school segregation battle
in the 50s, making the same Tenth Amendment arguments that ignore the
fact that the Fourteenth Amendment, as the later amendment, is the
controlling law when the two amendments conflict.
Rob