Barron and Halley also criticized the judges for ignoring some of the sociological effects of their decision.
The judges who authored the majority and concurring opinions “articulated a socially conservative vision of marriage as the foundation of the social order,” Halley said.
The ruling marks an emerging trend of gay rights advocates reifying marriage—and devaluing less formal domestic partnerships, according to Halley.
“The gay centrist and social conservative formulations are overlapping more and more,” Halley said.
“We could have some really interesting sex politics now,” she added.
Tribe conceded that the court’s ruling creates a plethora of legal anomolies.
While Massachusetts currently prohibits marriage between brother and sister, state law might have to be amended to bar unions between siblings of the same sex as well.
But Tribe noted that judges could potentially rule that their decision in the Goodridge case renders other marriage laws gender neutral as well.
—Staff Writer Daniel J. Hemel can be reached at hemel@fas.harvard.edu.