Judge Feldman tried to draw comfort from the fact that Windsor did not employ the magic phrases “intermediate scrutiny” or “heightened scrutiny.” I would liken that comfort to saying that it’s anybody’s game with two out at the bottom of the ninth inning when the score is 20-0.
AS the play shows, even if the personal is political, personal trajectories and political ones can diverge. The sundering of Mattachine’s founders from the Society, and then from each other, is deftly rendered, along with the disagreements, persisting to this day, between those who embrace queer culture and wish to stay somewhat aloof from the straight world and assimilationists who view homosexuals as another marginalized minority that must strive for acceptance and integration. In short, this is a big play, with big themes.