Perhaps the most powerful argument for same-sex marriage has been that it is “inevitable.” It’s powerful because it contains an implicit threat: If you think there is something unique and uniquely valuable about marriage between a husband and wife — you are on the wrong side of history and your views will soon be treated as unacceptable with the possibility of your livelihood being at risk.
This argument has gotten some fuel lately from a couple dozen federal and state court decisions ruling that the U.S. Constitution requires each state to redefine marriage to include same-sex couples. These courts have reasoned that when the U.S. Supreme Court last summer was silent on whether states could retain their marriage laws it really meant to signal that the states were actually not allowed to define marriage as the union of a husband and wife.
A common rhetorical point made by advocates of redefining marriage is that same-sex marriage is enjoying a streak of unbroken successes in the court.
That contention is no longer available, since Wednesday a federal court in Louisiana handily rejected the argument that redefining marriage is required by the Constitution. Most readers can be excused for not knowing about this development since it’s not getting much high-profile press coverage (as the decision would have if it had gone the other way). Continue reading