The Long Road
The same is true of the trajectory of the same-sex marriage issue. Gay couples began going to court to claim a right to marry at almost exactly the same time that women began turning to the courts to claim a right to abortion. The student body president of the University of Minnesota Law School brought a marriage case in the Minnesota state courts in 1970, after he and his partner were denied a marriage license by the local county clerk. In a dismissive two-page opinion, the Minnesota Supreme Court observed that the 14th Amendment’s due process clause was “not a charter for restructuring” the “historic institution” of marriage “by judicial legislation.” The United States Supreme Court dismissed the appeal. Numerous other cases followed, in California and other states, throughout the 1970s. The lawsuits were not successful, but that’s not my point. The point is that these cases, and the claims on the Constitution that they presented, were hiding in plain sight. Few people outside the gay community — or more precisely, outside a well-informed subset of that community — were even aware of their existence. I know I wasn’t. The notion of legally sanctioned same-sex marriage seemed too far-fetched to ponder, until it didn’t.
[Linda Greenhouse, "Hiding in Plain Sight", New York Times, 12 August 2010.]
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on Wednesday, 18 August 2010 at 12.08
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