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On the right side of history

As the justices of the U.S. Supreme Court sit down today and review the ten petitions for certiorari involving same-sex marriage before them, Supreme Court scholar and founder of Scotusblog, Tom Goldstein, has this wonderful piece explaining just how momentous their decision to take one or more of the cases – and how they later rule – will be.

Says Goldstein:

. . . . The arc of history tilts towards equality and justice, and our society is rapidly but unevenly coming to the judgment that same-sex marriage is just and right.  The claims presented by this case would just as inevitably prevail (probably by a wide margin) in the Supreme Court twenty years from now.  By then, it will be broadly (if not uniformly) accepted that discrimination against homosexuals related to marriage is invidious and irrational.  Our attitudes are shifting that fast.

Our country and societies around the world will read the Justices’ decision(s) not principally as a legal document but instead as a statement by a wise body about whether same-sex marriages are morally right or wrong.  The issues are that profound and fraught; they in a sense seem to transcend “law.”  Given the inevitably of same-sex marriage, if the Court rules against those claiming a right to have such unions recognized, it will later be judged to be “on the wrong side of history.”

One Comment


  1. david esmay

    November 30, 2012 at 11:52 am

    DOMA is dead, any law that grants rights to one group and not another, or that restricts the rights of one group and not everyone, is a violation of the 14th Amendment. Evangelical sharia law does not apply, there are no legal, moral, or ethical arguments to support it.

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