Today and tomorrow the Supreme Court will hear arguments as to whether the government has a legal basis for denying gays and lesbians both the right to marry and the benefits of marriage. If precedent governs the Court’s decision, the Justices will search for harm caused by same-sex marriage. Unfortunately, for those diehard marriage equality haters, there simply is none. Even the lawyers who argued the case in California admitted as much.
If there is no provable harm, then the Court will be faced with a different, more perplexing question. Can the Supreme Court uphold same-sex marriage bans and the Federal government’s discrimination against same-sex couples if a majority of the nine Justices believe same-sex marriage is morally reprehensible or homosexuality is just plain yucky? Our country is a country of laws. As such, the Justices’ religious beliefs or personal distaste should never be an adequate reason for denying civil rights. At least one Justice, Antonin Scalia, however, might disagree. He vociferously opposes same-sex marriage, and has telegraphed his moral outrage from the bench. When dissenting against the Supreme Court’s decision to strike down anti-sodomy laws, the Justice was fearful that allowing sodomy would inexorably lead to allowing same-sex marriage and would obliterate any distinction “between heterosexual and homosexual unions”. (Sodomy isn’t even the distinction the Justice believes it to be, since sodomy is practiced willingly by many heterosexual couples.) See, http://www.nytimes.com/2013/03/24/opinion/sunday/bruni-marriage-and-the-supremes.html?pagewanted=all&_r=1&
Justice Scalia is now in the minority in America. A monumental shift has occurred in just a few years. In an ABC News/Washington Post survey, respondents favored same-sex marriage by a margin of 58% to 36%, almost an exact reversal from the respondents in a similar poll conducted seven years ago. Over 81% of young adults now support same-sex marriage. Http://www.washingtonpost.com/blogs/the-fix/wp/2013/03/18/gay-marriage-support-hits-new-high-in-post-abc-poll/ Our President is a staunch supporter when just a year ago he was not. The Republican Party, the standard-bearer of anti-gay rights, has done an about-face in only a matter of months.
If the politicians wish to remain in office, then they will support same-sex marriage, making the Court’s decision somewhat irrelevant. If the Court decides that the Defense of Marriage Act is constitutional, Congress can repeal it. If the Court decides a state’s ban on same-sex marriage is constitutional, the state legislature can repeal it and replace it with a marriage equality law. Same-sex marriage is here to stay, because Americans have finally stood for what is right and fair and will cause their politicians to do the same even if the Supreme Court chooses not to.