Hey, Supreme Court: Go Ahead and Legislate from the Bench

Polls show that a majority of Texans support legal recognition for same-sex couples, but legalizing marriage equality in Texas would require an amendment to the state constitution.
Tue March 26, 2013 2:00 pm
Plaintiff Paul Katami, from Burbank, Calif., waves to supporters as he leaves the Supreme Court in Washington, Tuesday after the court's hear arguments on California's voter approved ban on same-sex marriage, Proposition 8.
AP Photo | Pablo Martinez Monsivais

The United States Supreme Court is hearing arguments on two cases related to same-sex marriage this week. The first, today, concerns the constitutionality of California’s gay marriage ban. The second, scheduled for tomorrow, is about the federal Defense of Marriage Act.

Many Texans are, no doubt, keeping a close eye on developments in Washington. Texas’s statewide leaders oppose marriage equality. “Marriage is God’s law that man applied and adopted here in Texas and the United States, and man cannot rewrite God’s law,” Attorney General Greg Abbott said yesterday. Polls show that a majority of Texans, however, support legal recognition for same-sex couples. And a Court ruling might be the easiest way to achieve that. 

As with many Supreme Court cases, that is, the scope of the ruling might turn out to be just as relevant as


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