Approaching The Benchmark On Marriage

Jason Farago reviews Michael Klarman's new book, From the Closet to the Altar, a history of the litigation involving gay life in America. Regarding DOMA, Klarman writes, "the handwriting on the wall is as clear as it ever gets." Farago explains the reasoning:

Klarman makes the point that when it comes to social issues, courts track American views pretty closely, and they expand rights only when the country can handle it without massive backlash. If sodomy laws were upheld in 1986 and struck down in 2003, it's not because of a change in jurisprudence; it's because America became a nation in which such laws were untenable.

Since 2010, in a shift more rapid than anyone predicted, poll after poll has shown that a majority of Americans support marriage equality.

So when Perry or another case eventually makes it to the high court, it will be much easier for Anthony Kennedy — "undoubtedly the most powerful justice in the history of the U.S. Supreme Court," Klarman asserts — to continue the legacy he began back in 1980, when he wrote a surprisingly pro-gay opinion as a judge on the 9th Circuit Court of Appeals. And the 76-year-old Kennedy, who also wrote the decision that voided sodomy laws, probably has an eye on history. "What justice," Klarman writes, "would not be tempted to author the opinion that within a few short years likely would become known as the Brown v. Board of the gay rights movement?"

Matt Stopera describes the "adorable … inspiring jam" seen above:

The Leffews are a family from northern California that started a YouTube channel about gay families after Prop 8 passed. This song was originally written in 2006 in Dutch, but now Sean Chapin Production teamed up with the Leffews to make this version.

Original here.