"But much of the rest of the country would likely back a ban, he said, predicting as many as 40 states would adopt them. Ultimately, the dispute will be decided by the U.S. Supreme Court."
That is the problem in a nutshell, that we have allowed the Courts to usurp so much power that they may very well have the final say, that the other supposedly 'co-equal' branches will just bend over and take it.
Of course if the Sup Court has the final say, then the Left is guaranteed eventual victory. Our current Court would probably give them gay marriage with the word 'marriage', but at a minimum would impose civil unions. And despite what national polls say, actual votes like this one in Kansas, and in 10 states last year (including the closedly divided battleground states of Michigan and Ohio) prove that when given a choice the people will opt to ban both gay marriage and its euphemistic substitutes like civil unions. So even the linguistically less-threatening civil unions would represent a major victory for the left, since it would convey to same-sex couples the concept and institution of marriage, if not the title, and because it would trample upon most state laws and constitutions.
But even if this Court, or one with a few good Bush nominees, upheld the rights of states to set their own policy, it would likely prove only a temporary victory for conservatives. We've seen with state sodomy and capital punishment laws that what the Court deemed 'Constitutional' not even 20 years ago, are now suddenly 'unconstitutional.'
The only way to win this is to make it so that the final say does not reside with any Court.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
1 Judge > All the voters in Kansas.
Seems to me we are allowing unelected and unaccountable figure override the will of the people. Didn't we start a little Revolution over this type of crap??
not just banning 'gay' marriage, I can't marry my cats either!