Possible Outcomes in SCOTUS Gay Marriage Case

01-16-15

The Supreme Court's decision today to take up the issue of a constitutional right to gay marriage is both good and bad news for those who believe that the Constitution ought to mean what it says. It is good news because the current state of affairs, where the right exists in some circuits and not others, pleases neither side and appears unsustainable. But it's also bad news because the Courts' decision this June will probably invent a constitutional right to same-sex marriage, which would make it arguably the worst instance of judicial activism by the Supreme Court since Roe v. Wade.