USA: The Supreme Court Not Likely to Rock the Boat Too Much on Marriage Equality

Written by scott on May 13th, 2013

US Supreme CourtAnyone holding out hope that the Supreme Court is going to issue a sweeping decision to legalize gay marriage inroughout all 50 states has a new reason to temper their expectations. Not even the court’s most liberal member appears to be all that eager to thrust the institution into another cultural fight. It’s not so much because she does not believe in advancing rights, but rather because she appears to have concluded that judicial modesty is, in some circumstances, the best way to advance those rights.

The justice I am talking about is Ruth Bader Ginsburg. In a talk at the University of Chicago on the 40th anniversary of the holding in Roe v. Wade, Justice Ginsberg reflected upon the scope of the Roe holding, and not in a way that suggests that she would do it the same way if she had it to do over again. “Roe became a symbol for the right to life movement. They have an annual parade now every year on the day in January when it was decided.”

As her statement this weekend suggests (and as Supreme Court watchers know, you can never read too much into what is said at oral argument or in public remarks), Justice Ginsburg appears to believe that Roe caused a cultural backlash against a woman’s right to choose that would never have occurred had the court not intervened so aggressively. Instead, Justice Ginsburg appears to have concluded, like many others of all sorts of ideological makeups who have studied the case, that had the court been more modest, a societal consensus would have emerged and the same rights would have come to be enshrined in the laws of each state through more democratic means.

Authored By Jeb Golinkin – See the Full Story at The Week

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2 Comments so far ↓

  1. I JUST PRAY THEY UPHOLD THE CONSTITUTION IN REGUARDS TO EQUALITY AND CIVIL RIGHTS-ESPECIALLY FOR THOSE OF US THAT HAVE BEEN VICTIMS OF INCEST AND RAPE AND PHYSICAL ABUSE BY MEN…WE ARE CONSTITUTIONALLY UNABLE TO LOVE MEN.WE DESERVE THE RIGHT TO MARRY WHO WE LOVE WITH THE BLESSING OF THE CHURCH AND HAVE OUR CHILDREN KNOW** WE TOO ARE EQUAL AND RESPECTED.

  2. Mykle says:

    Is not about making it leagal in all 50 states, (and Puerto Rico which is insanely dominated by religious bigots) It’s about making it federally recognizable. First cousin marriages are not legal in all 50 states, yet they are recognized in ALL 50 STATES because they are federally legal!

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