I read a portion of the majority opinion in the Sixth Circuit Court's decision on DeBoer v. Snyder -- that would be the case on same-sex marriage that appears likely to throw the ball back into the Supreme Court's lap.
But, it is from the dissenting opinion that tonight I think to comment. Judge Martha Craig Daughtrey would have the courts make same-sex marriage legal. But, I find in her comments an argument for not making same-sex marriage legal. "The framers (of the Constitution) presciently recognized that two of the three co-equal branches of government were representative in nature and necessarily would be guided by self-interest and the pull of popular opinion.To restrain those natural, human impulses, the frames crafted Article III to ensure that the rights, liberties, and duties need not be held hostage by popular whims."
To Judge Daughtrey, I would note that it is the swing of popular opinion that has led same-sex marriage now winning the day, it is popular opinion that is leading marriage to expand to include same-sex marriage. If left to the other two branches of government, same-sex marriage will likely continue to gain acceptance and legality.
It is, indeed, Judge Daughtrey, the provision of the courts not to bend with the wind, not to serve popular opinion. One can wonder how well they are doing on this matter, for they stood with marriage as being between a man and woman for as long as that was the popular opinion, and now are shifting to say marriage should be between any two consenting adults.
Popular opinion does seem to be a factor.
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