We have a weird political system. When the Supreme Court makes a decision that presumably wouldn't have been made by the Congress or the states, many people scream. The school desegregation decision was supposedly (the screamers thought) something that should have been done by Congress or the states. Never. It was a moral necessity because Blacks had served their country in many wars and the original separate-but-equal decision was already written into law earlier by the Supreme Court itself. Only the Supreme Court could have reversed it.
The same argument was made....
The same argument was made about abortion. ("The decisions should have been left to the states.") Except this time there was no clear reason why differences between the states was unacceptable. Five states had abortion and a few more would have by the mid 1970s. It would have been like Nevada and divorce, with people traveling to get abortions.
The consequence of a Court decision on abortion was that
(from my observations) the women's movement came to an abrupt halt a decade
after the Court decision. Feminists were
politically tied to pro-abortion
which more than half of potential feminists could not emotionally
tolerate. So they left the fold of
feminism or never entered it.
I raise the issue now because it looks like gay marriage could do the same thing to potential gays coming out of the closet that pro-abortion did to supporters of the womens movement. Only this time, a decade from now, half of all future gays will decide to stay in the closet rather than be forced to take the politically connected position of gay marriage and being publicly gay.
Hell, if I were a young guy who just
wanted to fuck other
men, I sure wouldn't come out of the closet and have to defend gay
marriage to my friends family, peers and work associates; especially
if I weren't living on the Coasts.
The issue will be very evident when we get a Court case. Somehow the differences between states today, on marriage and civil union will work its way up to the Supreme Court and then we will have a half century long legacy to deal with.
(Photo bottom left is of my friends Phyllis Lyon and Del Martin, lesbian heroes.)