SCOTUS to Hear Arguments on Gay Marriage

by Ryan on March 26, 2013

in Culture,Judicial Watch,Law,Politics,Pop Culture

Today the Supreme Court will hear the first of two cases dealing with gay marriage — the first being about California’s Proposition 8, the second about the constitutionality of the 1996 Defense of Marriage Act (DOMA).

Prop 8 simply states: “Only marriage between a man and a woman is recognized in California.“  It passed with 52% of the vote.  Many believe that if brought up for a vote today, it would not pass.

So why don’t they vote on it again?

There in lies the problem with the activist left in this country:  what they can’t get through the will of the people, they run to the courts to impose.  Why risk a vote, right?  Rush Limbaugh brilliantly tied this concept to Roe v. Wade yesterday.  Usually court cases settle issues, but 40 year later Roe is still as contentious as ever!  It’s not the case in the UK where the people were able to vote on it.  Striking down Prop 8 and DOMA would overturn or put at risk 40 state laws protecting traditional marriage — that’s not just a few isolated states located in the same basic geographic area like most Jim Crow Laws were, and Loving v. Virginia dealt specifically with traditional marriage.

People under 30 show 70% support for gay marriage in recent surveys, while no other generational cohort shows more than 49% support at this time.  Other trends show that the public is slowly warming to the issue.  Meaningin time, the issue will be likely be settled by the people in a pro-gay marriage direction anyway.  But, most importantly the people will have decided — the civil society will make a decision based on its cultural norms.

But, here come the courts!  Roberts is apparently trying to be one of the cool kids on the court since his completely disastrous flip-flop on Obamacare, and Justice Kennedy is the new O’Connor on the social stuff.  In all likelihood the court will rule 6-3, 6-3 on these two issues, with perhaps a few surprises.

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