Oct. 6, 2014
The Supreme Court has declined to take up any of the pending same-sex "marriage" cases before them.
There is bad news and good news in this decision. The bad news is that these states have been denied the opportunity to defend their legitimate power to define marriage before the Supreme Court. The good news is that the Supreme Court does not seem to be as eager as many people assumed to issue a "Roe v. Wade"-type decision redefining marriage.
This decision reflects cowardice on the part of the Supreme Court. People on both sides of the marriage debate agree that the constitutional issues that have been raised should be addressed by the highest court in the land. The Court is right to fear a backlash if they impose a redefinition of marriage on all fifty states; but they are wrong to just let the lower courts do their dirty work for them.
The decision is baffling on several levels. It is hard to understand why the Court heard the case (Hollingsworth v. Perry) challenging California's Proposition 8 in 2013 (then declined to rule on the merits because of standing issues), but is refusing much clearer cases now. Some say they are waiting for "circuit split" on the issue, but one already exists -- the Eighth Circuit upheld Nebraska's marriage amendment in 2006 (Citizens for Equal Protection v. Bruning). Furthermore, the Supreme Court's own "dismissal for want of a substantial federal question" of a same-sex "marriage" case out of Minnesota in 1972 (Baker v. Nelson) remains binding precedent until the Supreme Court itself explicitly overrules it.
Everyone needs to be reminded that the question of whether redefining marriage is good public policy is separate from the question of whether the Constitution of the United States mandates such a redefinition. Even those who favor redefining marriage should understand that such a radical social change is more likely to be accepted if it is adopted through the democratic process, rather than imposed from on high by a court.
One thing is clear -- anyone who claims to know what the Supreme Court is thinking is wrong.