If you accept their opinions as 'rational', then you have to accept the conclusion. But saying it's rational doesn't make it so. In fact, they're making the unfortunately very common mistake of starting with a conclusion and justifying it, rather than making a - rational - decision based on data.

The problem with law it that law accretes. And the way laws are interpreted are based on how those laws were interpreted in the past. It makes for a conservative institution that is slow to change- also that is unlikely to buck social trends. And it truly *isn't* the business of judges to initiate social change. Their job is to try and consistently interpret the will of the legislature.

Or in other words, we the people need to make our wishes known to our elected representatives. So- have you written to your congresscritter yet? (Hint- most accept email, but a letter printed on paper and mailed will still be taken more seriously.) A good congressman will in fact pay attention to the opinions of his constituents. And if he or she doesn't? There's a voting booth to address that kind of thing... quite seriously, one of the reasons the law is slow to change is that younger people are not as active as older ones in politics.

The song is very funny- I wish I could find an mp3 of it. I heard it form one of the guys in my local folk music club who does it.