As Hot Air notes, a recent Gallup Poll indicates that 47 percent of Republicans now favor the right to same-sex marriage. 74 percent of Democrats and 71 percent of Independents now support gay marriage as well, with 64 percent of all Americans supporting the practice.The previous year support among Republicans was at 40 percent, according to Gallup. Two years after the Supreme Court Ruling that made same-sex marriage legal in all 50 states, it is useful to figure out why support for people to marry others of the same sex has been steadily rising and why the controversy is fading, unlike with abortion in the wake of Roe v, Wade.
The Supreme Court decision ruled on 14th Amendment grounds
The decision, which was the result of a consolidation of various same-sex marriage-based lawsuits that had been working their way through the lower courts, was a five to four ruling with Justice Anthony Kennedy joining the four liberal justices in the majority. The four conservative justices, including Chief Justice John Roberts, dissented. The ruling stated that the 14th Amendment to the United States Constitution prohibited bans on same-sex marriages on due process and equal protection grounds as stated in Section One. The ruling overturned a 1972 ruling in the Baker v. Nelson case that upheld a ban on same-sex marriage, noting that standards on rights and what constituted discrimination had evolved since then.
The dissenters noted that the Constitution had no inherent definition of marriage and maintained that the ruling robbed the states from making that determination.
Religious liberty considerations for Same-Sex marriage
The Supreme Court’s ruling left open the question as to whether a business, such as a caterer or a florist, can refuse to participate in a same-sex wedding out of religious grounds.
Also, could state workers refuse to issue marriage licenses to same-sex couples because their religious beliefs forbade them from participating such marriage? The most searing example of the former concerned a business called Sweet Cakes by Melissa which was found in violation of the 2007 Oregon Equality Act for refusing to bake a cake for a same-sex wedding.
The business owners, devout Christians, are seeking redress in the courts for what they view as a violation of both their free speech and freedom of religion rights. A similar case in Washington State featured that state’s Supreme Court ruling against a florist in a similar situation. The various cases will likely wind up in the United States Supreme Court.
Why are people coming around on same-sex marriage?
Unlike abortion, which was judged to be a right in the 1973 Roe v. Wade decision, same-sex marriage cannot be seen as inflicting harm on human beings. Opponents to abortion view the practice as the legalized killing of babies inside the womb, something that supporters vehemently disagree with.
Supporters of same-sex marriage are reduced to arguing that the 2015 Supreme Court decision upended thousands of years of tradition by judicial fiat. However, two years after the case was resolved, no one can seriously point out what harm has occurred as a result. The benefit of opening up the sacrament of marriage to same-sex couples is very obvious, on the other hand.
