Editorial: Battle for same-sex marriage is essentially over
Supporters of same-sex marriage demonstrate in front of the U.S. Supreme Court in Washington. The rights of married same-sex couples will come under scrutiny at the court in the second of two landmark cases being considered by the top judicial panel. (March 27, 2013) Credit: Getty Images
Marriage equality advocates shouldn't be disappointed that the U.S. Supreme Court took a side step when asked to declare there was a constitutional right to same-sex marriage. They should savor yesterday's victory instead.
In an unexpected and unexplained refusal to hear appeals from states where marriage bans were struck down by lower federal courts, the justices cleared the way for ceremonies to take place in five states. Indeed, vows were exchanged within hours of the announcement. Bans in another six states will fall once another circuit court ruling is formalized; marriage equality will be recognized in 30 states.
Those multiple circuit decisions overturning the state bans relied on the court's 2013 ruling that permitted Edith Windsor of New York City to claim federal benefits for her partner. In that 5-4 ruling involving a federal statute, the justices never addressed the constitutional issue.
Parties on both sides had asked the court for clarity on the constitutional issue. Clearly, the justices who oppose marriage equality don't have a fifth vote to reverse the lower courts. And the justices advancing marriage equality wisely don't want to move too far, too fast on declaring new constitutional rights when the remaining state bans will be overturned in a matter of time. The political consensus has run ahead of the legal one. There is no turning back. This fight is over.
