The Unspoken-but-Acknowledged Truth About Gay Marriage

Politico quotes another’s observation:

[W]hen the question of [gay] marriage reaches the Supreme Court, the justices will ask themselves, is the country ready? Is it ready culturally, how many states permit same-sex marriage, and what are elected officials saying? At that point and in preparation for that point, the stated position of a sitting president — or even a past president — will certainly matter. At that point, the marriage-equality movement will need every potential arrow in its quiver, including public opinion, state wins and yes, the support of our nation’s chief executive.

Given what the law (as an abstract construct) is supposed to be, it’s interesting that we’re acknowledging this central truth openly, now. Namely, that when the first gay marriage case reaches the Supreme Court, it will be about everything but the law, because both sides know where the law leads. This is the rare case where the law points clearly one way and current-but-evolving public opinion points another. I will leave the obvious ramifications for conservative judicial philosophy — which purports to decry judges inserting politics into the law — unspoken.

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4 comments

  1. “At that point, the marriage-equality movement will need …the support of our nation’s chief executive.”

    I’m REALY curious if they will actually get it.

    1. Probably in Feburary 2013.

      1. And of course all will be forgiven by the gay marriage crowd.

        1. If by the time Obama steps down in 2017, gay marriage is legal in the US he will be remembered for that not for his earlier opposition.

          A Republican victory in 2012 would guarantee nothing could be done until after 2017.

          Pragmatism will win the day.

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