For as long as I can remember, I’ve felt that the U.S. Supreme Court would eventually be forced to settle our nation’s ongoing fight over same-sex marriage. True to form, the high court has sought to avoid taking any cases involving same-sex marriage, opting instead to let it remain a states’ issue. However, that long-held position by the Supreme Court is no longer viable.
Beginning today, U.S. District Judge Vaughn R. Walker will hear arguments in a federal trial challenging the constitutionality of Proposition 8. Regardless of the outcome in this district trial, both sides agree that the decision will be appealed to the U.S. Supreme Court, which would then be forced to decide the issue of same-sex marriage once and for all. The case is Perry v. Schwarzenegger.
Based on the current make up of the Supreme Court, I believe the justices would side with us. I have no doubts that Justices Stevens, Ginsberg, Breyer and Sotomayor would side with us. I also feel confident that Justice Kennedy, always the kingmaker, would become the fifth and decisive vote for our side. It was Justice Kennedy who wrote the decision overturning Bowers v. Hardwick in Lawrence v. Texas.
It will be fascinating to watch this all play out. The long, final road to marriage equality begins today.
Posted in: POLITICS
Posted on January 11, 2010 by Isaiah