Many of us are discouraged at eleven states passing gay marriage bans. Numerous articles talk about how gay activists are doing some soul searching. The ACLU, Lambda, and HRC have stated that they’re going to be cautious with lawsuits going forward. Log Cabin Republicans have stated that we should hold BBQs and town halls to change people’s minds and the folks at the Creating Change conference have vowed to win in the court of public opinion. Guess what? It doesn’t matter.
The Right is going to push for an amendment to the U.S. Constitution no matter how many states ban it because it only takes one state for us to win. In the 1967 Loving case, the U.S. Supreme Court ruled that bans on interracial marriage violated the 14th Amendment. At the time, 19 states banned interracial marriage and polls indicate that eighty percent of the public thought interracial marriage was immoral. So public opinion doesn’t matter and neither does the number of states that ban gay marriage so long as it’s legal in one. The first time someone gets married in Massachusetts and moves or returns home to a state that bans gay marriage and demands the state recognize it, it will go to The Supreme Court.
Yes, the Court could reverse itself, but it’s not a chance the Right is willing to take. That’s why they’re going to push for a U.S. Constitutional amendment no matter what.
The fight is not for the mind of the public. The fight is in Massachusetts and Congress. We must keep it legal in Massachusetts so that we can eventually get heard by the Supreme Court. We must not let the Right fully take over Congress otherwise it will pass an amendment to the Constitution and send it to the states for ratification.
Park Ridge, IL