Liberty and equality are not the same, and while the Supreme Court could reach for either legal principle in a ruling declaring Prop 8 unconstitutional, the principle that it ends up choosing could matter a great deal.
-- Lawmakers in Wyoming are pushing to legalize same-sex marriage, and several Republicans in the state are already on board. -- At the New Yorker, ...
Every public opinion poll now shows marriage equality enjoying well over 50 percent and gaining every day. Seems like the limb that Maggie Gallagher has been standing on is about to break.
Obama must publicly acknowledge before the U.S. Supreme Court that the Constitution's guarantee of equal protection under the law applies to all couples who wish to marry, regardless of the state in which they live or whether their spouse is named Michael or Michelle.
It's that time of year again when journalists speculate about what might happen in the year ahead. Following last year's crystal-ball gazing, I present my forecasts for 2013. By my reckoning it's going to be another barnburner for the gay community.
If the Supreme Court finds a constitutional right to same-sex marriage generally, it will do what it hastily did in Roe: It will force the recognition of a controversial right on a large number of states, not just on extreme outliers, exposing itself and the LGBT rights movement to a public backlash.
Last Friday, as my staff and I sat hunched at our desks, refreshing the SCOTUS Blog for updates from the U.S. Supreme Court, the gravity of this moment in history hit me. The moment that we have been striving toward for decades was close. We were finally getting our day in court.
It's an understatement to say there's some apprehension among many gays and lesbians about the Supreme Court's decision to take up the Prop 8 case. Is the fear warranted?
The Supreme Court announced today that it will take up the Prop 8 case and one of the several DOMA cases. The next step in the review process for both cases is a scheduling order, which should come soon, laying out the date for oral arguments at the Supreme Court.
Today, the Supreme Court agreed to hear a landmark case challenging the constitutionality of California's ban on gay marriage. But don't count on a game-changing decision too quickly. It's more likely that Ted Olson and David Boies' blockbuster will end with a whimper.
If the Supreme Court decides not to review the Prop 8 case, the Ninth Circuit Court's decision will stand, and same-sex couples in California will soon be able to marry again. The court has already delayed announcing its decision several times.
When I published my "10 LGBT Predictions for 2012," my forecasts were met with polite scorn by some. "This sounds like a wish-list more than predictions," was just one of the comments left by readers, so is with no small degree of self-satisfaction that I can now retort, "Oh, ye of little faith!"
I've seen a lot of love-gone-wrong movies -- let's just say that one of my Netflix subcategories could be "romantic tragedy with a codependent twist" -- and I've spent the past four years watching Prop 8 wind its way through the court system. Let me tell you, the parallels are uncanny.
There will be a natural tendency to focus on the legal challenges and the political fights, but history will show the true story of how we achieved marriage equality and how it was in fact a quilt woven of thousands of personal tales, most of which existed entirely outside the courtroom.
I have long believed that no one is beyond education and understanding; now, at our moment of greatest success, it may be time to expand the pool of future allies.
Imagine my surprise when for the first time in 14 years the Mormon Church appears to have sat out the five anti-gay marriage elections this year.