Marriage equality opponents are having a hard time pointing to any good reason for fencing same-sex couples out of marriage. So the latest move has been to invite the Supreme Court to cast their collective gaze into the future.
Obergefell v. Hodges, the marriage case before the Court, hears arguments tomorrow morning. Michigan, Ohio, Tennessee and Kentucky want the Court to look into a crystal ball and imagine that a ruling for marriage equality will lead to the erosion of marriage, an increase in single parenthood, and even, according to a group that styles itself “100 Scholars of Marriage,” a dramatic spike in the number of abortions. But the couples challenging the laws insist the Court look at them and at the many other families affected by the law’s refusal to grant them the rights and obligations—and the dignity—marriage creates. Expect the Court to side with those experiencing real problems in the here and now.
As usual, all eyes and ears will be laser-focused on Justice Anthony Kennedy, who sits at the Court’s fulcrum, and who has written all the major gay rights decisions over the past two decades.