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Posts Tagged ‘Proposition 8’

Supreme progress on marriage

April 9th, 2013

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On March 26, 2003, a lawyer stood in front of the nine Justices on the Supreme Court and argued that states should not be allowed to criminally prosecute gay and lesbian people for engaging in sexual activity. At the time, 14 states still had laws on the books that made “homosexual conduct” a crime. Flash forward exactly ten years later, and the Court was considering whether Proposition 8, (barring gay couples from marrying in California) violates the Equal Protection clause of the Constitution. What a difference a decade makes.

To say our country has undergone a rapid transformation on the issue of marriage for gay couples is an understatement. The speed and breadth of this evolution have shocked even the most optimistic advocates. Just in the past two weeks, a cascade of Senators from purple and red states have added their voices to the chorus of marriage supporters, including Rockefeller, Kaine, Tester, McCaskill, Portman, Warner, and Hagan at last count. And this week’s Supreme Court arguments were another landmark moment for the cause.

Because this progress has come at such an astonishing clip, it is understandable that many had hoped the Supreme Court would take this opportunity to issue a broad decision that acknowledged a Constitutional right for gay couples to marry nationwide. After this week’s oral arguments, that outcome seems unlikely. But that reality should not be seen as a setback — rather, it is an opportunity to continue our nation’s swift journey toward full acceptance of gay and lesbian couples.

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