2012 saw the national mood shift, but 2013 is when that turned into real world action. 2013 is pivotal because of the nature of our constitutional system. The constitution's supremacy clause states that the federal constitution is the highest and final law of the land. Since the Supreme Court is the interpreter of the constitution's meaning, their word is what gives ultimate sanction. So when the court struck down the Defense of Marriage Act provision in 2013 which forbade federal benefits to spouses of the same sex, gay marriage gained constitutional muster. It was no longer the product of renegage judges, it could be seen as part of the larger constitutional rights gained for groups who deserved them.
Antonin Scalia of all people realized the legitimacy given to the issue by the majority in United States v. Windsor. His dissent predicted an end to the issue without much struggle over the next few years.
"As far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe.
By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition"
The language used in the majority opinion declared the discrimination against same sex partners to have no rational basis, so therefore the purpose of such laws is only to demean a group of people. The laws have no legitimacy, and will fall like dominoes.
And in 2013 within months this happened. The New Jersey Supreme Court struck down that state's ban on same sex marriage, which the Republican governor Chris Christie chose not to appeal. But New Jersey is a reliably Democratic state, so it wasn't going against the grain. But very late in 2013, the 10th federal district court knocked down Utah's state ban. Utah is one of the most conservative states in the union, so this was a big deal. Instantaneously marriage licenses were being granted. This could be the tipping point where gay rights become national and not just restricted to the more liberal parts of the country. There are now 18 states where gay marriage is legal, up from only one in Massachusetts in 2003 a decade before Utah. And now a majority of those states have done it either through the legislature or by referendum, marking the stage of popular viability and not only court action.7 out of the so far 18 are by court decision, 8 by legislatures, and 3 by ballot initiative. Windsor came right when support for same sex marriage has tipped past 50% in national polls, and for the future it seems a dual route will be taken. Democratically in blue states and by courts, following the Supreme Court, in the red states.
Antonin Scalia of all people realized the legitimacy given to the issue by the majority in United States v. Windsor. His dissent predicted an end to the issue without much struggle over the next few years.
"As far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe.
By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition"
The language used in the majority opinion declared the discrimination against same sex partners to have no rational basis, so therefore the purpose of such laws is only to demean a group of people. The laws have no legitimacy, and will fall like dominoes.
And in 2013 within months this happened. The New Jersey Supreme Court struck down that state's ban on same sex marriage, which the Republican governor Chris Christie chose not to appeal. But New Jersey is a reliably Democratic state, so it wasn't going against the grain. But very late in 2013, the 10th federal district court knocked down Utah's state ban. Utah is one of the most conservative states in the union, so this was a big deal. Instantaneously marriage licenses were being granted. This could be the tipping point where gay rights become national and not just restricted to the more liberal parts of the country. There are now 18 states where gay marriage is legal, up from only one in Massachusetts in 2003 a decade before Utah. And now a majority of those states have done it either through the legislature or by referendum, marking the stage of popular viability and not only court action.7 out of the so far 18 are by court decision, 8 by legislatures, and 3 by ballot initiative. Windsor came right when support for same sex marriage has tipped past 50% in national polls, and for the future it seems a dual route will be taken. Democratically in blue states and by courts, following the Supreme Court, in the red states.
