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March 26, 2013

Too Soon for Court to Rule on Gay Marriage?

"As the Supreme Court on Tuesday weighed the very meaning of marriage, several justices seemed to have developed a case of buyer's remorse about the case before them," the New York Times reports. "Some wondered aloud if the court had moved too fast to address whether gay and lesbian couples have a constitutional right to marry."

The Washington Post notes the justices "wondered openly about whether it was time for the court to render a judgment."

Tom Goldstein sees two possible scenarios with the upshot being "a modest step forward for gay rights advocates, but not a dramatic one. The Court would stay its hand for some time for society to develop its views further. But combined with a potentially significant ruling in the DOMA case being argued tomorrow, the Term will likely nonetheless end up as very significant to gay rights."

Adam Winkler: Beware of early predictions on what the court will do.


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