Richard Posner considers how marriage equality gained acceptance:
All in all, the judicial role in the rise of homosexual marriage seems to have been quite modest. Probably the courts have done little either to accelerate the trend in acceptance of such marriage or, through backlash, to retard the trend. In retrospect, the growing acceptance of homosexual marriage seems a natural consequence of the sexual revolution that began in the 1960s rather than an effect, even to a small degree, of litigation. That should come as no surprise when one thinks of another significant social and cultural development in America in the same era: the virtual disappearance of discrimination against Jews, Catholics, Irish Americans, Italian Americans, and Asian Americans, which also owed very little to litigation.
Scott Lemieux counters:
Posner’s key mistake is to assume that gays and lesbians are merely seeking public acceptance. But while public acceptance may be necessary for the advancement of fundamental rights it’s not sufficient; gays and lesbians actually also want their legal rights protected. Litigation may not have much to do with the former but it has been very important to the latter.
In a follow-up post, Lemieux addresses another element of Posner’s article – on the importance of Lawrence.
(Photo: A same-sex marriage supporter has her forehead painted with rainbow colors as she joins demonstration in front of the Supreme Court on March 27, 2013 in Washington, DC. By Jewel Samad/AFP/Getty Images)
The Dish 