Same sex marriages in Utah at the rate of nearly 100 per day despite frantic efforts of state officials. (via The New Yorker) A most interesting ruling. I'm betting that same sex marriages will be legal at the Federal level within two years as we haltingly move away from religiously sanctioned discrimination and hate. Opinion in the country is changing rapidly in a few groups.
But, from an advocate’s standpoint, it is impossible to look at the Windsor ruling and not think that the writing is on the wall: that state constitutional amendments which outlaw same-sex marriage will be found unconstitutional. As James Esseks, the director of the A.C.L.U.’s Lesbian Gay Bisexual Transgender & AIDS Project, told NBC News, “I think people see the promise in the Windsor decision and don’t want to wait anymore.”
Roberta Kaplan, Windsor’s lawyer, told me that she believes the Tenth Circuit was correct in not issuing a stay of the order, because it would be impossible for the state to prove that it would suffer the required “irreparable injury.” Kaplan pointed out that “the only people who would experience such irreparable injury are the gay couples in Utah and their children, who are put in jeopardy every day without having the rights and responsibilities of marriage.”
Kaplan is among those who believe that the Supreme Court is squarely headed toward an even broader ruling based on Windsor. “A majority of the Supreme Court said eleven times in Windsor that gay people and their relationships have the same dignity as straight couples,” Kaplan said. “According to the dictionary, the word ‘dignity’ means being worthy of honor or respect. Now that the Supreme Court has acknowledged that gay couples are equally worthy of honor and respect, all the arguments that have or can be made against allowing them to marry ultimately seem pretty silly.” And, she added, “One thing that really changes hearts and minds on this issue is seeing the altogether boring reality of married gay couples’ lives.”