According to the hot-off-the-presses Post-ABC News poll, 56 percent of Americans support same-sex marriage and 50 percent believe that there is a constitutional right to marriage equality. None of this should be surprising. Support for same-sex couples marrying has been in majority territory for a few years now. And with the Supreme Court in separate rulings last year invalidating the so-called Defense of Marriage Act (DOMA) and allowing same-sex marriage to resume in California (Prop 8), it was only a matter of time before a majority of the nation said that marriages by loving and committed same-sex couples were covered by the equal protection clause of the U.S. Constitution.
Producing this ground-shift of public opinion was one of the pillars of the strategy employed by Ted Olson and David Boies in their failed attempt to secure a constitutional right to marry from the Supreme Court in the Prop 8 case. But the justices won’t be able to dodge the question much longer.
Marriage equality is now legal in 19 states and the District of Columbia. Challenges to same-sex marriage are being waged in every other state except North Dakota, a distinction that won’t last long. And every judge who has ruled has sided with those loving couples who want nothing more than the rights, responsibilities and stability that come with marriage. One of those cases will get to the Supreme Court. By then, the justices will be following the nation rather than pushing it someplace it doesn’t want to go.
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