Predictably, after yesterday's ruling on same-sex marriage in California, the anti-gay groups will repeat one of their favorite myths-- that recent rulings in support of same-sex marriage and gay equality are the fault of "
liberal" or "
activist" judges. As usual, they couldn't be more wrong.
California Superior Court Judge Richard Kramer, from yesterday's ruling, was appointed by Republican Governor Pete Wilson;
Massachusetts Chief Justice Margaret Marshall, who wrote the Massachusetts marriage opinion, was appointed by a Republican governor and promoted to chief by a second Republican governor;
the MSJC ruling was a 4-3 decision, and two of the other justices who supported Marshall's opinion were also appointed by Republicans;
last but not least, Supreme Court Justice Anthony Kennedy, who wrote the majority opinion in Lawrence v. Texas , was appointed by none other than Ronald Reagan. And three of the five justices who joined him in Lawrence --Stevens, O'Connor and Souter-- were also Republican judicial nominees.
Without the help of so many Republican appointed judicial nominees, we wouldn't be where we are today. Granted, it could be part of some grand GOP ploy to get the public galvanized to support the Federal Marriage Amendment and ban gay marriage, but if I believed that...well, a tiny part of me wonders, just a little bit.
Like many of my fellow homos, I do think legalized same-sex marriage is inevitable-- but it could be in 10 years or 50. It's very hard to say whether American opposition to same-sex marriage is waning or on the rise. Only the future will be able to tell us that.
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