The United States Supreme Court has the ability to change history as it considers the Defense of Marriage Act and California’s ban on same-sex marriage.
This wouldn’t be the first time the Supreme Court has significantly changed social policy, should it choose to do so. The court’s ruling in Brown v. Board of Education in the ‘50s forced southern states to adopt integration — for the Court, separate was not equal. The country could not wait for reluctant states to decide when to grant all people equality, so the Supreme Court stepped in to ensure fairness for all citizens. Affecting social policies is an important, but understated, function of the Supreme Court.
There are concerns when the Supreme Court makes a ruling that may change social policy. In certain cases, particularly Roe v. Wade, the court may have been more progressive than popular public opinion. But in regards to same-sex marriage, this will likely not be the case. The time to change the nation’s attitude toward same-sex marriage is now. Popular support for marriage equality is increasing, and it doesn’t show signs of stopping over the next few years or decades.
In November, voters from the states of Washington, Maryland and Maine passed same-sex marriage initiatives. Nine states and the District of Columbia currently have laws permitting same-sex marriage. But unfortunately, taking a slow state-by-state approach to same-sex marriage will hinder equality for all Americans. The best way to guarantee Americans the freedom to marry as they choose will be for the Supreme Court to support same-sex marriage. The Court needs to catch the states up to popular opinion.
The Court’s decision to examine these cases could speed up the process of making same-sex marriage a possibility in every state. Many states have laws defining marriage as being between a man and woman, and making a constitutional amendment to overturn those laws would be extremely difficult. But the Supreme Court taking a stance on the issue provides a much simpler way to extend marriage equality across the nation.
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Supporting same-sex marriage would not be an abuse of the Court’s power. The Supreme Court’s does not make new laws; it applies the constitution to modern day issues. Regardless of how the court rules on DOMA and the same-sex marriage ban, their decision will be based on already existing rules and guidelines that Americans abide by.
The Supreme Court, by accepting cases regarding same-sex marriage, will take a stance on the right to marry. It now has the power to bring this right to everyone. Americans have waited too long for marriage equality; the Supreme Court must act to speed up the process of creating a positive social change.