TheProgressivePatriot
Gold Member
This is a great article....the whole history of the movement:
How Gay Marriage Became a Constitutional Right How Gay Marriage Won
On May 18, 1970, Jack Baker and Michael McConnell walked into a courthouse in Minneapolis, paid $10, and applied for a marriage license. The county clerk, Gerald Nelson, refused to give it to them. Obviously, he told them, marriage was for people of the opposite sex; it was silly to think otherwise.
The trial court dismissed Baker’s claim. The Minnesota Supreme Court upheld that dismissal, in an opinion that cited the dictionary definition of marriage and contended, “The institution of marriage as a union of man and woman...is as old as the book of Genesis.” Finally, in 1972, Baker appealed to the U.S. Supreme Court. It refused to hear the case, rejecting it with a single sentence: “The appeal is dismissed for want of a substantial federal question.”
Last week, the high court reversed itself and declared that gays could marry nationwide. “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions,” Justice Anthony Kennedy wrote in his sweeping decision in Obergefell v. Hodges. “They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
The plaintiffs’ arguments in Obergefell were strikingly similar to those Baker made back in the 1970s. And the Constitution has not changed since Baker made his challenge (save for the ratification of the Twenty-Seventh Amendment, on congressional salaries). But the high court’s view of the legitimacy and constitutionality of same-sex marriage changed radically: In the span of 43 years, the notion had gone from ridiculous to constitutionally mandated.
Much as Americans like to imagine judges, particularly Supreme Court justices, as ahistorical applicators of a timeless code, the court is inevitably influenced by the world around it. As social mores have evolved, the justices’ consensus has too, on issues ranging from cruel and unusual punishment to segregation. “What the Constitution is understood to encompass has changed over time in ways that are dramatic, sweeping, and often permanent,” the New York University School of Law professor Barry Friedman writes in his book on this phenomenon, The Will of the People. “Although these changes are reflected in judicial decisions, they are rarely initiated there.”
How Gay Marriage Became a Constitutional Right How Gay Marriage Won
On May 18, 1970, Jack Baker and Michael McConnell walked into a courthouse in Minneapolis, paid $10, and applied for a marriage license. The county clerk, Gerald Nelson, refused to give it to them. Obviously, he told them, marriage was for people of the opposite sex; it was silly to think otherwise.
The trial court dismissed Baker’s claim. The Minnesota Supreme Court upheld that dismissal, in an opinion that cited the dictionary definition of marriage and contended, “The institution of marriage as a union of man and woman...is as old as the book of Genesis.” Finally, in 1972, Baker appealed to the U.S. Supreme Court. It refused to hear the case, rejecting it with a single sentence: “The appeal is dismissed for want of a substantial federal question.”
Last week, the high court reversed itself and declared that gays could marry nationwide. “Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions,” Justice Anthony Kennedy wrote in his sweeping decision in Obergefell v. Hodges. “They ask for equal dignity in the eyes of the law. The Constitution grants them that right.”
The plaintiffs’ arguments in Obergefell were strikingly similar to those Baker made back in the 1970s. And the Constitution has not changed since Baker made his challenge (save for the ratification of the Twenty-Seventh Amendment, on congressional salaries). But the high court’s view of the legitimacy and constitutionality of same-sex marriage changed radically: In the span of 43 years, the notion had gone from ridiculous to constitutionally mandated.
Much as Americans like to imagine judges, particularly Supreme Court justices, as ahistorical applicators of a timeless code, the court is inevitably influenced by the world around it. As social mores have evolved, the justices’ consensus has too, on issues ranging from cruel and unusual punishment to segregation. “What the Constitution is understood to encompass has changed over time in ways that are dramatic, sweeping, and often permanent,” the New York University School of Law professor Barry Friedman writes in his book on this phenomenon, The Will of the People. “Although these changes are reflected in judicial decisions, they are rarely initiated there.”