If gay marriage is inevitable, it is not because of some mass swing in public opinion. It’s because of unelected judges. Time and again, they have defied the will of the people. Thirty-six states permit gay marriage, but only twelve of them made that decision through a democratic process. The other twenty-four had their marriage laws remade by the judges, and in several states, by only one judge. These judges not only rejected the will of the people; they rejected their own precedents. In 1972, the Supreme Court didn’t even bother to hear the appeal of a gay couple from Minnesota demanding a marriage license. There is also the “domestic relations exception.” This principle has been recognized since 1859, and means that federal courts do not accept cases involving divorce, alimony, or child custody and support. The Supreme Court explained this principle in 1890 and I quote: “The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States and not to the laws of the United States.”
If federal judges had followed their own precedents, they never would have accepted cases challenging state marriage laws, or agreed with the challengers. Gay marriage was never inevitable. It needed judges who respected the limits of their judicial power.
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