Same sex marriages and social change. Changing Attitudes on Gay Marriage.



Same sex marriages and social change

Same sex marriages and social change

Klarman, a Harvard law professor whose very large book on the struggle for African-American civil rights won the prestigious Bancroft prize in history, has written a much shorter book this time around because all the history he relates is so very recent. Whether that is a difference that makes a difference is a fitting question, not one to be banished as invidiously discriminating before it is asked. As I noted in my Verdict column when the Justices agreed to hear these cases earlier this year, the result is essentially a foregone conclusion: Those questions are important, indeed urgent, but in this column I would like to step back and ask a different set of questions. More Americans support racial equality now than a century ago, but racial inequality remains a profound fact of American life. And as recently as just two years ago, when the Supreme Court invalidated Section 3 of the Defense of Marriage Act DOMA , the majority opinion again written by Justice Kennedy contained enough ambiguity that Chief Justice Roberts in dissent could characterize it as resting ultimately on principles of federalism, rather than individual rights. But once one understands that courts cannot and do not get too far out in front of public opinion, one sees that there is at least as much to fear from judicial timidity as from judicial activism. They so plainly desire it so very much that it seems rude to ask. The answer may be found in another recent book, by Sherif Girgis, Ryan T. If we compare the issue of same-sex marriage to an issue with which it is often equated, that of interracial marriage, we find that it stands out as unusual yet again. The consensus among gays and lesbians today with very few dissenters is that they do indeed desire the right of civil marriage.

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Same-sex marriage - the facts



Same sex marriages and social change

Klarman, a Harvard law professor whose very large book on the struggle for African-American civil rights won the prestigious Bancroft prize in history, has written a much shorter book this time around because all the history he relates is so very recent. Whether that is a difference that makes a difference is a fitting question, not one to be banished as invidiously discriminating before it is asked. As I noted in my Verdict column when the Justices agreed to hear these cases earlier this year, the result is essentially a foregone conclusion: Those questions are important, indeed urgent, but in this column I would like to step back and ask a different set of questions. More Americans support racial equality now than a century ago, but racial inequality remains a profound fact of American life. And as recently as just two years ago, when the Supreme Court invalidated Section 3 of the Defense of Marriage Act DOMA , the majority opinion again written by Justice Kennedy contained enough ambiguity that Chief Justice Roberts in dissent could characterize it as resting ultimately on principles of federalism, rather than individual rights. But once one understands that courts cannot and do not get too far out in front of public opinion, one sees that there is at least as much to fear from judicial timidity as from judicial activism. They so plainly desire it so very much that it seems rude to ask. The answer may be found in another recent book, by Sherif Girgis, Ryan T. If we compare the issue of same-sex marriage to an issue with which it is often equated, that of interracial marriage, we find that it stands out as unusual yet again. The consensus among gays and lesbians today with very few dissenters is that they do indeed desire the right of civil marriage. Same sex marriages and social change

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