An Idea Whose Time Has Long Since Come
By On Friday, Supreme Court justices will meet in private to consider whether to act on cases that could provide a nationwide answer on whether same-sex marriages must be allowed. On the same day, a federal appeals court will consider bans in Texas, Mississippi and Louisiana.
“It’s an incredible confluence of events,” said Shannon Minter, legal director for the National Center for Lesbian Rights. “It’s the culmination of many years of work.”
The marriages in Florida and the potential for a constitutional decision by the Supreme Court this year reflect the rapid advance of the same-sex-marriage movement and a remarkable change in public opinion. When the court heard oral arguments about California’s Proposition 8 and the federal Defense of Marriage Act (DOMA) in 2013, only nine states and the District allowed such unions.
Shifts in public opinion have made Ginsburg’s concerns about getting too far ahead of the public moot. Unless there are questions about Kennedy’s vote — which seems increasingly unlikely — it’s time to grant cert. I know it would be ideal to wait until the technology that would allow the online version of Scalia’s dissent to actually contain spittle is developed, but sometimes fundamental human rights are more important.