Even though same-sex marriage now has majority support in most public opinion polls (especially among younger voters), the question is not an open-and-shut case as far as the Supreme Court is concerned. As the New York Times points out this morning:
… amid the celebration, there were signs of concern over how the Supreme Court might rule. The fact that the Supreme Court is hearing the cases hardly means it is about to ratify same-sex marriage. As supporters and opponents said in interviews, the court might well use these cases to find that there is no constitutional protection for same-sex marriage.
"There is no question that it is a risk," said Lieutenant Governor Gavin Newsom of California. "If they nationalize it and reject it, that’s going to take decades to come back to the court.
… "That the Supreme Court is taking this up is truly exhilarating, but I'm very nervous and unnerved by the possibilities of what could come out of this," said Don Romesburg, 42, an associate professor of women and gender studies at Sonoma State University. "It is frightening to have our basic rights as citizens in the hands of just nine people, when four or five of them are deeply ambivalent, at best, about our very existence," said Mr. Romesburg, who is gay and legally married his partner during the window before Proposition 8 was passed.
Freedom to Marry says individuals have a responsibility to help sway the justices' attitude about same-sex marriage.
With the clock now ticking on a Supreme Court marriage decision in 2013, it is more urgent than ever that we make the same strong case for the freedom to marry in the court of public opinion that our advocates are making in the courts of law. With momentum from Election Day victories for the freedom to marry in Maine, Maryland, Minnesota, and Washington, the way to maximize our chances of winning in court over the next several months is to win more states and win over more hearts and minds. We can show the justices that when they do the right thing, it will stand the test of time and be true to where the American people already are.
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