Why Both Sides Want Gay Marriage Settled By The States

The Supreme Court may rule on gay marriage this week. Advocates both for and against are glad the issue didn’t reach the court any sooner.

They didn’t want a repeat of the abortion issue. With its landmark decision in Roe v. Wade, the high court stepped in and guaranteed a right to abortion but also triggered a backlash that has lasted for 40 years.

With same-sex marriage, by contrast, legislators and voters in nearly every state had the chance to make their feelings known before the Supreme Court weighs in.

“People forget that durable rights don’t come from courts, they come from consensus and strong support from society,” says Jonathan Rauch, author of Denial, a recent memoir about growing up gay. “We are winning the right to marriage in a bigger, deeper way by winning it in the court of public opinion.”

After losing political battles in a majority of states, gay marriage supporters have won a number of legislative victories and ballot measures in recent years. Sensing momentum is in their favor, it may not be surprising that they’re glad they’ve had time to make their case to the public.

Written by Alan Greenblatt. To read the full article, click here.

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