Before the Supreme Court last year invalidated the Defense of Marriage Act (DOMA) and allowed same-sex marriage to resume in California, attention focused on a comment made in 2012 by Justice Ruth Bader Ginsburg about the impact of Roe v. Wade. Ginsburg said that while the 1973 ruling guaranteeing a constitutional right to abortion was right, “it moved too far too fast.”
The court did indeed punt on the one question that marriage equality advocates were hoping it would answer: Is there a constitutional right to marriage for same-sex couples? A new Post-ABC News poll shows that the nation is ready for an affirmative answer.
When asked “[D]o you think that the part of the U.S. Constitution providing Americans with equal protection under the law does or does not give gays and lesbians the legal right to marry?,” 50 percent said it “does.” In addition to that, 59 percent support allowing same-sex couples to marry while 34 percent oppose. According to The Post, that’s “the widest margin tracked in Post-ABC polling.”
With all the federal court cases challenging and overturning state constitutional bans against same-sex marriage, the likelihood of the high court getting a case that asks the much-anticipated question of whether there is a right to same-sex marriage under the Constitution is extremely high. And when that happens, Ginsburg and the other justices needn’t worry about moving too far too fast. If anything, they would be catching up with the rest of the country.
Follow Jonathan on Twitter: @Capehartj