Day: March 28, 2013

Punting on Marriage Equality Won’t Prevent Culture Wars; It’ll Undermine the Supreme Court’s Credibility

Political commentators, at least on the left and center, seem relatively convinced that the past two days of marriage equality hearings in the Supreme Court won’t result in an opinion extending same-sex marriage rights to all people in the United States. They might be right, but I’m not sure why so many left-of-center folks seem to be warning the Court not to move too quickly on marriage equality. I get why the socially conservative right is doing it — it’s a threat, essentially. “Do a think we don’t like and we will FREAK OUT!” And they will surely throw a mild temper-tantrum if the fundamental right of marriage is found to include same-sex couples. But “Oh jeez, the religious right might act like toddlers again” is not a very good reason to delay granting a group of citizens basic constitutional rights. Also: Contrary to what has somehow become an accepted truth, Roe v. Wade did not ignite the culture wars. Abortion was controversial well before Roe, and while abortion rights were secured in a small handful of states (four, I believe), they weren’t going to move ahead in many more because of conservative, religious push-back. The idea that a Roe-free U.S. would somehow have led to the broad securement of abortion rights without controversy is flat-out wrong. As is the idea that marginalized groups of people should have to wait for the tides of public opinion to turn before they get rights. Which is what this piece in the Nation is about: