



What backlash? CNN's latest poll, in the wake of the Walker decision, is easily the most promising to date for those of us in support of marriage rights for all. For the first time, a slim majority of all Americans backs not just marriage, but a constitutional right to marriage for gay couples. A majority, in other words, believes this to be a civil rights issue, which, of course, it is, because civil marriage has long been regarded as a fundamental civil right in American constitutional history. And a majority is in favor! I'm not sure what to make of a small discrepancy in wording - between whether gays already "have" such a right or whether they "should have" - but wouldn't go so far as Allahpundit in arguing it shows that this process should be driven solely by state legislatures.

I know it's messy, but surely the fact is that the classic American process is not, and should not be, either judicial tyranny or majority rule over a minority's rights. It's an ongoing interaction of the two. Would I prefer a total legislative and democratic victory for marriage equality? You bet I would. At the same time, can anyone gainsay our amazing progress in making the case?

In 1989, the idea was preposterous. But by relentless arguing, debate, litigation and legislative and ballot-box initiatives, we have moved the needle faster than anyone once dreamed of. When a proposition has 50 percent support, you can argue either that there is no need for the courts to act. But you could equally argue that with public support already this high, such a ruling could not meaningfully represent anything approximating "tyranny". Certainly far less so than when the courts struck down bans on inter-racial marriage which enjoyed very strong popular support at the time, especially in the states where they prevailed.