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WashPost: Is Fight Over Gay Marriage Over?

WashPost: Is Fight Over Gay Marriage Over?
(Earl Gurlock/Landov)

By    |   Tuesday, 07 October 2014 11:22 AM

The Supreme Court's decision to bypass ruling on the constitutionality of gay marriage prohibitions may be a sign that conservatives realize the fight against legalizing same-sex marriage is over, The Washington Post reported.

The court's move Monday opened the way for same sex marriages to proceed in five states. Legal experts predict this could be momentous for the future of gay marriage, likely leading to a time when its acceptance is so widespread that the court declares it a federal right.

"There is something called the 'normative power of the actual,'" Walter Dellinger, a solicitor general in the Clinton White House, told the Post. "People get used to an idea over time, and they come to think it's right. That is what will happen as more Americans see same-sex marriage as positive or, perhaps, simply inconsequential."

He added: "And when the time comes, the Supreme Court will declare a right to same-sex marriage."

At the same time, others say it's impossible to read into the court's leaning on the issue of gay marriage given the cases were among an 81-page list of other cases that had been rejected, all without explanation, according to the Post.

"There is no way to know why the court did what it did," Jim Campbell, a senior attorney for Alliance Defending Freedom, a conservative legal organization defending state bans on gay marriage, told the Post. "The issue is still whether people in America can continue to define marriage as between a man and a woman."

The four conservative justices on the Supreme Court are likely concerned they would not win on the issue if they had taken it up, while the liberal justices may feel that now is not the time to weigh in, the Post said.

Meanwhile, others interpret the decision not to step in as the court's preference for incremental change, perhaps to keep pace with the evolution of public opinion on the matter, according to the Post.

"The Supreme Court's surprising move to pass on deciding whether state prohibitions on same-sex marriage violate the U.S. Constitution may reflect two things about the justices:  a natural inclination for incremental steps and a worry on the part of conservatives that the battle — for now — appears lost," the Post said.

The court's decision has led a number of GOP politicians to signal they no longer intend to mount an opposition to the issue going into the 2014 elections. 

Polls have consistently found that a majority of the public now supports gay marriage, though one poll last month by the Pew Research Center suggested that support is leveling off.

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The Supreme Court's decision to bypass ruling on the constitutionality of gay marriage prohibitions may be a sign that conservatives realize the fight against legalizing same-sex marriage is over, The Washington Post reported.
Supreme Court, gay marriage, ruling, legalize
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2014-22-07
Tuesday, 07 October 2014 11:22 AM
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