Why can't marriage equality wait for the public to change the laws? Why go to court?

[dsc]

When I hear that question I often think of my Aunt Pat and her significant other Joan. They have been together for as long as I can remember, at least since the mid 1970's. Joan is now in her 80's and in hospice. They live in Kentucky where the appeal of marriage equality has been heard by the fifth circuit. Time has run out for them. Thankfully, both families have been great about honoring their relationship. Pat's child and Joan's children wouldn't dream of fighting over the distribution of assets or Joan's medical care. But given that they have been together for over 3 decades why should they have to depend upon the kindness of legal strangers to have their wishes fulfilled. For them justice delayed was surely justice denied. I also think of myself and my friends here in NC. We are quite likely the last state which will pass one of these amendments to its constitution. But why did our state wait that long to amend its constitution? The reason is that our constitution is very hard to amend and will be almost impossible to amend in the opposite direction. It takes a 60 percent majority in both houses of our legislature to put the measure on the ballot. I don't see Democrats ever getting that majority given that our legislature gets to draw its own maps and currently has a Republican super majority. If this doesn't get overturn by the federal judiciary (we won in the 4th circuit court of appeals but that has been stayed pending SCOTUS) then it might be decades before we see marriage equality. Just how many others will die waiting for the law to change?

[Erich Bloodaxe BSN]

1. That's one good reason it shouldn't wait.

Another would be that human rights shouldn't be dependent upon the will of the majority. Otherwise they would come and go as the who compromised the majority changed.

[DeadLetterOffice]

4. "human rights shouldn't be dependent upon the will of the majority" -- YES. THIS!

[oldandhappy]

2. no change without pressure

We learned that with the civil rights stuff in the '60's.

[bluestateguy]

3. If you are gay in Mississippi or Alabama you'll be waiting a long time

If you are waiting for a voter referendum or the legislature to change the law.

[RKP5637]

5. Despite all of the rhetoric, equality and civil rights in the US have always been a struggle.

Hardly anything comes easy in the US for equality and civil rights, it is a constant battle. And, the majority rules can not be trusted or relied on for civil rights, there are far too many bigots, fundies and haters in the US for a fair decision by the majority rules.

[H2O Man]

6. Recommended.

Exercising one's constitutional rights through the state and federal court system has long been the preferred method of groups that have had their human rights denied. There is no better way to make meaningful changes in the laws of the land. If justice were easily obtained, there wouldn't be that need. But the need is real. I applaud those who seek marriage equality this way.

[customerserviceguy]

7. We've reached the tipping point in the US

Yes, I acknowledge that it may not seem like that in parts of NC (but I assure you there are places in the US that will begrudge equal marriage way longer than there), but we're less than a year away from a SCOTUS decision that will be the equivalent of Loving vs. Virginia on this issue.

In another decade, most of the truly recalcitrant parts of the US will just get over it, at least in public, no matter what they say in private. It happened that way with interracial marriage, and equal marriage is following the same track.

[JI7]

8. if we had to wait for public some states will still have segregation

[davidpdx]

9. The courts have been more effective thus far in overturning anti-gay laws and allowing

gay marriage. The only thing I'm worried about is SCOTUS. When you look at what they did with Citizen's United that should make anyone who supports gay marriage nervous

[Iamthetruth]

10. Why should it be legal in some states and not others

This is a right that is between two people, not the government.