Lawrence v. Texas

ANALYSIS: A Cultural Wave on Gay Marriage Reaches the Supreme Court

Photo by Katie Anderson/Sojourners

"Thank you" Paul and Jeff sign. DOMA and Prop 8 decisions at the Supreme Court. Photo by Katie Anderson/Sojourners.

Sometimes a court opinion is more than just a court opinion.

Justice Anthony Kennedy’s 26-page decision Wednesday striking down a federal ban on same-sex marriages offers a window into Americans’ rapidly shifting views of same-sex relationships — a shift that increasingly relies on matters of law and fairness, not moral or religious views.

At the same time, Justice Antonin Scalia’s biting 26-page dissent in United States v. Windsor reflects a set of cultural, religious, and social arguments that are losing ground in the court of public opinion and now, in the highest court of the land.

What Will the Supreme Court Do on Gay Marriage?

Photo Courtesy Kevin Eckstrom/RNS.

Supporters of gay marriage. Photo Courtesy RNS.

Houston lawyer Mitchell Katine came to the Supreme Court 10 years ago for the final chapter of Lawrence v. Texas, the landmark gay rights case in which the justices struck down state sodomy laws.

Neither Katine nor the other lawyers working for John Lawrence and Tyron Garner in their battle against Texas’ sodomy law imagined the length and breadth of Justice Anthony Kennedy’s majority decision, which struck down all remaining state sodomy laws.

As the Supreme Court prepares to issue two historic decisions on gay marriage this month, however, the judges and lawyers who worked on both sides of those earlier cases don’t expect anything quite so eloquent or all-encompassing from a cautious and conservative court.

Subscribe