Okay, we got Obamacare safely past the Moops invading Spain and Justice Scalia’s argle-bargle, and Fair Housing survived, too. Today the Supreme Court will hand down more rulings, possibly the Big One on marriage equality.
Knowing what drama queens they can be be, they might hold off the climax until the last possible moment which is next Monday, making the afterglow that much sweeter. But maybe they’ll announce the ruling today so we can celebrate over the weekend.
Yes, I’m confident that the Supreme Court will rule in favor of marriage equality. They have already tipped their hand by allowing lower court rulings in marriage equality cases stand, and now 36 states and the District of Columbia allow it. Those wedding bells cannot be unrung.
The only question will be by how much: 5-4, 6-3, perhaps even 7-2 with the firm dissents coming from Scalia and Thomas, neither of whom seem to have gotten over the fact that gay people are allowed to live and work among them. I doubt that unlike Brown v. Board of Education, the Chief Justice is not working behind the scenes to make the decision unanimous.
In 1954, Chief Justice Earl Warren thought it was important for the Court to render a unanimous ruling on school segregation so that there would be no room for doubt about the Court’s intent. Even though there were some justices who thought separate but equal was just fine, Justice Warren, who was first a politician — he had been the governor of California before Eisenhower appointed him — knew how to make the case and probably did some dealing to seal the decision 9-0. He also was able to get the Court to rule unanimously in 1967 in Loving v. Virginia, the case that ended the bans on interracial marriage.
This time around, though, there will be dissent by the two or three because no matter how obvious it may be to the average person, there are those who believe that their infantile obsession with icky gay sex and the specious argument of religious liberty trumps the equal rights clause of the Constitution.
Let them weep and wail and tell us they will not “abide by” the ruling. Fine, what are they going to do? Stand outside the weddings and scream? Not marry their secret f-buddy that they drop in on when they tell their wife they’re going to Home Depot? They have no standing; they cannot stand in the metaphorical schoolhouse door.
If the ruling doesn’t come down today, we can wait until Monday. It will be worth it.