and in 2003 when paul smith, the law for lambda legal was about to deliver his oral argument someone whispers in his ear, justice o'conner just sent a baby shower gift to a former clerk and her lesbian partner. two moments that encapsulate the sweeping change in a country and a generation, those offer those examples. but there was still a sharp divide on the court. and the opinions are fractured in some sense, justice kennedy ruled for five justices 0 then grounds of liberty and privacy. justice oconor, who had been in northernity in bowers versus hardwick and rejected the privacy and liberty argue; rules on equal protection grounds which is what many people thought the court would do. so she is the six until vote and you have three votes in the minority. scalia, rhenquist and thomas. justice scalia writes and announces from the bench a see. he discement which he says the court has taken sides in the culture war. it's not behaving in a fashion that can be tied the constitution in any way. this will mean a slippery slope to things like bigamy and on or on sendty, and he said, gay marr