The time has come: Marriage equality gets its day in court.
On Tuesday, the Supreme Court will hear oral arguments in four cases collected under the name Obergefell v. Hodges. The general consensus is that same-sex marriage will earn the decision; experts are expecting a 5-4 decision upholding the right to marry in their own states, and then have that marriage recognized in other states.
As the discussion and arguments surrounding this topic reach a fever pitch, everyone seems to assume the Court will affirm marriage equality. At this point, perhaps it’s just a matter of how they confirm the law and how it will be applied.
As The Atlantic notes, “the reasons for a decision matter as much as the decision itself.” Interestingly, if the Court continues to hold marriage as a “fundamental right,” same-sex marriage bans would have to disappear; not because they discriminate against marriage but because they discriminate against certain people (in this case, gays and lesbians).
Some people are really stepping up. For instance, actor/director and gay rights activist George Takei has been making plenty of positive waves. His post referencing the Supreme Court decision is getting a big response on Facebook (and Twitter) and in fact, he is changing his profile to show his support. As he said:
“I address this not to my LGBT fans, but rather to our straight allies: We cannot do this without you. Stand with us, #makeitcount, and together we will achieve equality for all.“
What do you think the outcome will be? What do you think it should be?
Relevant Reading: Speak Now: Marriage Equality on Trial, by Kenji Yoshino
Up until now, the Hollingsworth vs. Perry case was the most significant argument for same-sex marriage, and author and renowned legal scholar Kenji Yoshino explores the facts and ramifications of the case.
“G.O.P Struggling With Shifts on Gay Marriage,” The New York Times
Author Adam Nagourney dives deeper into the subject at hand.
Redeeming the Dream: The Case for Marriage Equality, by David Boies and Theodore B. Olson
It’s the stirring story of how David Boies and Theodore B. Olson joined forces to create the unique legal argument that would win the day. Boies and Olson initially fought each other in the Supreme Court in Bush v. Gore, and that became a five-year struggle to win the rights for same-sex couples to marry.