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Health & Fitness

Supreme Courting Public Opinion

Over the last year, it has become apparent that the nation has reached a tipping point when it comes to our perception of gay marriage...

         Over the last year, it has become apparent that the nation has reached a tipping point when it comes to our perception of gay marriage. The latest polling shows a majority of Americans now support gay marriage, a marked shift in 25 years where only 13% of the population supported the right for gays to marry in the United States. (Much more detailed polling information, including the “generational split” can be found here: http://www.washingtonpost.com/politics/support-for-same-sex-marriage-reaches-all-time-high-poll-finds/2013/03/18/86ad3382-8ff7-11e2-9abd-e4c5c9dc5e90_story.html) Last week saw a number of high profile politicians, including Sen. Portman and Hilary Clinton, drop opposition to marriage and voice support for gay marriage on a national level. I understand being skeptical about their timely conversion to appeal to certain voting constituencies. I supported civil unions for a time before I was in support of the right to marriage and I am sure there are politicians who are only saying it because they don’t want to risk alienating votes. Nonetheless, for Senator Portman to risk his standing in the Republican Party shows that The Times They Are A-Changin’, in the words of Bob Dylan.


        This week the Supreme Court is set to hear arguments on California’s Proposition 8 as well as on the 1996 Defense of Marriage Act. At the center of the issue in both cases is how states and the federal government view marriage and what legally constitutes marriage in the United States. This isn’t the on the idea of religious marriage, but the legal definition of marriage which confers certain benefits upon a couple (taxes, inheritance, visitation). I’m hopeful that the Supreme Court doesn’t issue a backwards ruling on the civil liberties that all Americans should enjoy and instead either implements a 50 state solution which clarifies certain issues that are currently present or, at a minimum, allows for states which issue civil unions to marry gays. There is no use in this split definition. If it walks and talks like a duck, lets now play stupid and pretend it’s not a duck. A decision overturning DOMA shortly after its inception would not be without precedent. You can look back to the ruling in Loving v. Virginia where the Supreme Court overturned previous rulings in favor of what were once unthinkable civil liberties. Nowadays, you’d have to look long and hard to find someone vocally opposed to interracial marriage and society hasn’t collapsed yet either.


         If the ruling goes the other way though, you can thank a stacked court which is still in a legal and judicial mindset of previous decades thanks to how appointments have become even more politicized in recent years. Court nominees are subject to political gamesmanship revolving around current political battles more than ever. Caitlin Halligan, an appointee for the US Court of Appeals had to withdraw her name from consideration this week after Senate Republicans filibustered the nomination over the gun control debate. This type of gamesmanship was never intended to be used to influence the court and simply serves as further proof that filibuster rules must be seriously addressed in the Senate.

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         Regardless of the outcome of these cases, gay marriage continues to enjoy growing support. Those who would stick their heads in the sand now enjoy enviable comparisons to those who stood against school integration and interracial marriage. I understand being religiously opposed to gay marriage, but personal views on the issue should stand apart from deciding if legal, civil rights that many of us enjoy today should be allowed for gay members of society. I hope Justice Roberts and the other members of the court take that into consideration this week.

Reprinted from 5th District State Sen. Curt Thompson's (D-Tuckerblog. Thompson represents parts of unincorporated Duluth, Norcross, Tucker, and Lawrenceville. Also, check the Senator out on Facebook and Twitter.

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