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This morning a majority of the Supreme Court – the four Democratic appointees plus Anthony Kennedy (who wrote the majority opinion) – decided that the Constitution guarantees a nationwide right to same-sex marriage, under the equal protection clause of the 14th Amendment. The four other Republican appointees dissented, saying the Constitution says nothing on the subject of same-sex marriage. (Of course not; it says nothing on the subject of black children in segregated schools, either. The document was intended to be interpreted.)
This morning a majority of the Supreme Court – the four Democratic appointees plus Anthony Kennedy (who wrote the majority opinion) – decided that the Constitution guarantees a nationwide right to same-sex marriage, under the equal protection clause of the 14th Amendment. The four other Republican appointees dissented, saying the Constitution says nothing on the subject of same-sex marriage. (Of course not; it says nothing on the subject of black children in segregated schools, either. The document was intended to be interpreted.)
Any of you still cynical about the capacity of this nation to embrace social justice should think again. Not long ago, same-sex marriage was abhorrent to a majority of Americans. (In 2002, when I ran for the Democratic nomination for governor of Massachusetts and came out for same-sex marriage, not just civil union, my campaign advisors told me I’d just lost the race.) Yet polls now show most Americans approve of it, 36 states now allow it, and more than 70 percent of Americans live in places where gay couples can marry. Rarely in American history has positive social change on this scale happened so quickly.
There’s another lesson here. The Supreme Court is a powerful agent for good or ill. It often reflects changes in social norms, but not always. Four of the current Supreme Court Justices are over 70 years old. The next president will almost certainly be appointing one or more to replace them. Scalia, Alito, and Thomas are rabid reactionaries, and Roberts isn’t far behind them. If nothing else moves you to become more politically active in the run-up to the 2016 election, this reality alone should.
What do you think?
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