Backers of gay marriage look for small victory

Jeff Zarrillo brought his case for gay marriage to the Supreme Court in late March because, he said, “the court is supposed to step in and protect the minority from the tyranny of the majority.” Edith Windsor brought her case for same-sex spousal benefits to the high court because, she said, “from my fourth-grade civics class, I somehow trust the Supreme Court to bring justice.”

Both Zarrillo, one of four people challenging California’s Proposition 8 ban on same-sex marriage, and Windsor, the New York widow challenging the Defense of Marriage Act, may win their cases when the Supreme Court rules in June. But few expect the type of landmark decisions that would make civil rights history.

Yet any victory may be good enough for proponents of marriage equality. “Sometimes, the court takes things in one fell swoop. Sometimes, it takes things one step at a time,” said Theodore Boutrous, one of the lawyers representing the Proposition 8 challengers. “I think the path is clear. The law points all in one direction.”