The AP announced on Thursday that it would treat gay and straight couples the same, stylistically. Its new “husband, wife” Stylebook entry reads: “Regardless of sexual orientation, husband or wife is acceptable in all references to individuals in any legally recognized marriage. Spouse or partner may be used if requested.”

Also on Thursday, the couples challenging Proposition 8 filed their final brief to the Supreme Court, in which they contend that governments should follow style manuals. Though the case is about the right to marry in California, their argument applies to the country generally, and shows why the marriage-equality side seems to be winning the national debate.



In explaining the legal merits of their cause (equal protection under the 14th Amendment; Loving v. Virginia, in which the court called marriage one of the “basic civil rights of man” as well as a “fundamental freedom”), the challengers are also adept at claiming emotional territory.

They point out that “in their 65-page brief about marriage in California,” the supporters of Proposition 8 “do not even mention the word ‘love.” Nor do the supporters understand “the privacy, liberty, and associational values” that underlie marriage. They believe the institution exists so that society can channel “heterosexual potential parents into ‘responsible procreation.’”

Arguing against this “cramped,” “state-centric,” “utilitarian” take — which doesn’t make sense because the state could theoretically deny any infertile couple the right to marry — the challengers emphasize that marriage involves “love, commitment and intimacy.” They present themselves as champions of the human heart.

As they frame the debate, it’s man versus machine. So-called traditionalists see marriage like a state-owned factory for creating new citizens, while those who endorse equality value the rights and feelings of individuals.