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Will The Supreme Court "Roe" Gay Marriage?

BY Matthew Archbold

| Posted 10/23/12 at 11:06 PM

 

Thirty-two states have voted for constitutional amendments banning gay marriage. Unprecedented efforts by Catholic bishops and other religious leaders have sparked a national conversation on the importance of marriage and why it's worth saving. The indefatigable National Organization for Marriage has done amazing work as well.

But after all this effort, I'm wondering if the Supreme Court might just "Roe" us on gay marriage? With two recent court rulings going against the Defense of Marriage Act, the 1996 federal law that defines marriage as a union between a man and a woman, it's growing increasingly likely that the Supreme Court will take this issue on. It's hard to know which case they might take on Justice Ruth Vader Ginsburg recently said she thought the court would consider same-sex marriage this term.

And that should concern us. In one ruling, nine justice in robes could overrule the will of thirty two states, never mind thousands of years of culture.

I know what some might be thinking. The Supreme Court as currently constituted would never do that. Conservatives have a 5-4 majority. But is there anyone who actually knows how the Court will rule on anything. If Obamacare taught us anything, it's that nobody knows how the Court will rule.

Predicting court decisions is like predicting which direction a tornado will choose. Nobody knows. All we know is that previous ones have ruined a lot of people's lives.

And to be clear, when we say that we don't know how the Court will decide, what we're actually saying is that we don't know how the so-called conservative judges will rule. Let's face it, do you think there's a chance that you might be surprised by Ruth Vader Ginsburg or Sonia Sotomayor's ruling on gay marriage? It's not likely. But Roberts? Who knows? Alito? Could surprise us. Kennedy? I'm not sure he knows.

But the scary thing is that this issue could easily be taken out of the people's hands and settled by judicial decree. In fact, that seems pretty likely, given the court's history of overreaching.

Those in favor of gay marriage don't particularly like the fact that democracy hasn't really worked in their favor on this issue but somehow we're all led to believe that resistance is futile. We're told to just relax and accept their inevitable victory. Gay marriage advocates are like the New York Jets They keep losing but that doesn't stop them from predicting Super Bowl victory.

And you know why gay marriage advocates are confident? It's because they have the media. They have academia which teaches our children. And let's face it, they've got the judges.

They know that even if democracy doesn't work out for them, just have the Supreme Court call it a right.

Folks who want to uphold traditional marriage can't be comfortable with a majority on the Court. We need a super majority just to give ourselves some elbow room for the one or two surprises we're bound to get who suddenly decide that they want editorial boards to love them.

Abortion was taken out of the hands of the people. Nine justices short circuited democracy and ruled that abortion was a "right." They could very well do the same on gay marriage.