Matthew Franck writes about the weakening of the legal case for same-sex marriage after the political movement scores its first victories:
"...same-sex marriage advocates claim that gays and lesbians are politically powerless, unable to make headway in the normal channels of democratic decision-making at the polls and in legislatures, thus needing the aid of the judiciary. As Judge Jones noted in the Nevada case, this claim is refuted by recent history. The president of the United States opposes the Defense of Marriage Act and favors same-sex marriage. Legislatures in some states have established same-sex marriage, and in other states, civil unions. Moreover, Jones noted, the people of four states went to the polls in November to decide this question—and we know what the result was.
...notwithstanding their November victories, they are still leery of democracy in much of the country, even in blue New Jersey, where they have rejected a referendum idea floated by Governor Chris Christie.
But Judge Kay and Judge Jones are quite right. It is ludicrous to call gays and lesbians an oppressed and powerless minority in the United States at the end of 2012. This fact should weigh heavily in the Supreme Court’s deliberations." -- First Things "On the Square" blog