Frank Capley-Alfano (L) and Joe Capley-Alfano kiss as they celebrate outside of San Francisco City Hall on February 7, 2012 in San Francisco, California. A three-judge panel of the 9th U.S. Circuit Court of Appeals ruled that the voter-approved Proposition 8 measure violates the civil rights of gay men and lesbians. Credit: Justin Sullivan/Getty Images
Advocates for marriage equality had a lot to celebrate, Tuesday. Voters approved of laws that let same-sex couples marry in Maine and Maryland, and a similar initiative is poised to pass in Washington state. Meanwhile, Minnesota became one of the first states to remove a ban on same-sex marriage from its constitution. That would allow the state legislature to pass a law that would let gay, lesbian, and transgender couples get married, though it’s expected to do so anytime soon.
Until this year, voters have typically not supported same-sex marriage, California’s Prop 8 in 2008 is evidence of that past perspective. But advocates say Tuesday’s gains show strong momentum and a change in public opinion. That in turn could influence the U.S. Supreme Court, which will have to decide in the next few months whether to take up the Prop 8 legal challenge or any of the cases that have called the Defense of Marriage Act unconstitutional.
With President Obama’s reelection and growing support for marriage equality, the tide could be turning for LGBTQ rights. How significant will this momentum be on the national scale? Have a majority of Americans grown comfortable with same-sex marriage, or will the spread be limited to more progressive states? Could a change in public opinion affect how judges rule on the issue?
Scott Barclay, Senior Scholar in Public Policy at the Williams Institute at UCLA Law School, a think tank that researches LGBT law and policy
Cliff Rosky, professor of law at the University of Utah