Could it be that Federal Judges have started reading the Libertarian Party Platform?  It seems that at least one has:

On Monday, District Court Chief Judge Vaughn Walker peppered lawyers with questions before they had made their cases. He stopped lawyer Ted Olson, arguing in favor of same-sex marriage, a couple of sentences into his presentation to ask if the state could simply get out of the marriage business altogether to avoid the question of discrimination.

"Yes, I believe it could," said Olson, who won President George Bush his presidency in 2000 in a case against Al Gore argued by David Boies -- now working with Olson on this case."