From SCOTUSBlog: The Outcome on Marriage Equality Would be Clear to History — and to the Future
This is an exceptionally wise column by Tom Goldstein on today’s SCOTUSblog, as the Supremes consider which of the same-sex marriage cases to take.
The takeaway line:
The striking feature of these cases – not present in any others I have ever seen – is that that they would have been decided by the Justices’ predecessors one way and would be decided by the Justices’ successors another way.
Isn’t that just obviously right? In the 1970s, in fact, we know it’s true, because the Court dismissed a case challenging same-sex couples’ exclusion from marriage for want of “a substantial federal question.” That was about 40 years ago.
And 40 years from now, do even marriage equality’s most virulent opponents really believe (wheel in the polygraph machine!) that LGBT folks won’t be recognized, at long last, as full citizens — with the right to marry as a vital part of that citizen package?