Winning Hearts And Minds And Judges

by Patrick Appel

Support for marriage equality continues to increase:

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Lemieux argues that marriage equality’s success demonstrates the importance of court victories:

There’s no evidence that the public responds to judicial opinions differently than it responds to legislation.  … The lesson is that political conflict cannot be avoided merely by avoiding particular means of affecting social change. When proponents of social reform win, they will likely generate a backlash by supporters of the status quo — no matter what institution creates the policy change. The only way to avoid backlash is simply to not win.

At this point, the success of the gay marriage litigation campaign should be clear. Public opinion has trended in a remarkably positive direction, ultimately reaching the politically cautious occupant of the White House. Same-sex marriage rights have continued to advance at the state level, and such marriages now have federal recognition thanks to the Supreme Court’s Windsor decision last year. Arguments that the judicial decisions favoring same-sex marriage would be a major liability for the Democratic Party have proven to be unfounded.