In 1967, the US Supreme Court issued a decision in Loving V. Virginia, declaring interracial marriage constitutional. At the time, there was still widespread feeling among the American people, particularly whites, that interracial marriage should not be allowed, with three out of four in a 1968 poll so declaring. And nearly the same percentage, 73 percent, of all races felt the same way in 1968.
It is clear, also, that a majority of people, particularly whites, were not supportive of the Supreme Court decision in 1954, Brown V. Board of Education, which mandated the end of segregation of the races in public education.
Often, the Supreme Court is ahead of the country in formulating change, and of course, conservatives resent that. But without the Court intervening, progress would be slower or completely halted.
Therefore, with the decision of New York State to allow gay marriage, it is time for gay rights advocates to bring a case to the higher court!
But, of course, there is fear that the conservative Court would rule against it, but that is seen as highly unlikely.
No one can be sure how Justices would vote, but even if one considers that Antonin Scalia, Clarence Thomas, Samuel Alito, and Chief Justice John Roberts might vote against, the odds are that Sonia Sotomayor, Elena Kagan, Stephen Breyer, and Ruth Bader Ginsberg would vote in favor.
That leaves Justice Anthony Kennedy, the true centrist on the Court, who more often votes with the conservatives, but often sides with the liberals. And when one considers that Kennedy was the decisive vote in Lawrence V. Texas in 2003, granting privacy rights to gay couples, one has hope that he would continue to support gay rights, including marriage.
Kennedy also supported the rights of gays to stop being treated as a group deserving discrimination in the Colorado Constitution in Romer V. Evans in 1996, and also in a Circuit Court case in 1980, he showed concern about mistreatment of gays.
The timing is crucial, as Ruth Bader Ginsberg may leave the Court soon, and in the next term in office, if a Republican won the White House, both Ginsberg and Kennedy might be replaced, based on their ages, and the opportunity for a Supreme Court decision in favor of gay marriage might have passed!
And remember, unlike interracial marriage, a majority of Americans in a recent poll support the concept of gay marriage, a massive switch from just a few years ago!
So bring on a Supreme Court case and soon!
