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The Supreme Court shouldn't end our gay-marriage debate

Crowds form at the Supreme Court in Washington, D.C., on Tuesday, April 28, 2015, in anticipation of arguments in a landmark case to determine whether states can ban same-sex marriage. (Sean Cockerham/McClatchy DC/TNS) Protesters outside the Supreme Court in April, when the same-sex marriage case was being argued. (Photo: Sean Cockerham / McClatchy)
Crowds form at the Supreme Court in Washington, D.C., on Tuesday, April 28, 2015, in anticipation of arguments in a landmark case to determine whether states can ban same-sex marriage. (Sean Cockerham/McClatchy DC/TNS) Protesters outside the Supreme Court in April, when the same-sex marriage case was being argued. (Photo: Sean Cockerham / McClatchy)
By Kyle Wingfield
April 30, 2015

See if you can follow this trajectory:

Even as gay-marriage advocates had their day at the Supreme Court on Tuesday, the political momentum was already clearly, swiftly moving in their favor. So why shouldn’t the high court give them a constitutional stamp of approval? Consider this parallel trajectory:

This second trajectory makes it crucial that this issue continue to be hashed out in state legislatures, rather than decided bluntly and permanently by as few as five judges in Washington.

In Tuesday’s court arguments, there were no good answers from gay-marriage advocates to several questions about what could come next. Could ministers still be authorized to conduct marriages recognized by the state if they won’t marry gay couples? Could private colleges that oppose gay marriage lose their tax-exempt status if it’s declared a constitutional right?

This is to say nothing of the insidious phrase, increasingly popular on the left, “freedom of worship” (as opposed to “free exercise of religion”). Could that come to mean the government can’t dictate what is preached on Sundays, but it can force a church to make its chapel available to couples who supply their own officiant?

The legislative process is messy. It can be ugly. It is often slow. But it is a time-tested method of balancing these kinds of competing interests as finely as humans can.

But if this matter is resolved with a single, final court order, there will be no such balance. As recent events show a rising desire to punish dissenters, the absence of balance could do more harm to liberty than good.

About the Author

Kyle Wingfield

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