The marriage battle in America is not over. It’s actually about to escalate all the more.
By its own inaction, the Supreme Court has created a constitutional crisis that threatens to make the decades-long fight over Roe v. Wade look timid by comparison. Only in Washington, where passive aggression is all the rage these days, could a political body such as the Supreme Court claim non-intervention in a fight it actually started.
This clash has been coming since last year’s contentious Windsor opinion, which resulted in rare public criticism among the justices. Justice Antonin Scalia scolded his more liberal peers for their “jaw-dropping … assertion of judicial supremacy” over the will of the people.
Both the duly-elected legislative and executive branches, as well as a majority of states in the union by voter referendum, had already defined marriage as one man and one woman by law.