Will the Supreme Court Recognize Modern Marriage?

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By Douglas NeJaime
January 22, 2015
Los Angeles Times

By agreeing to hear four same-sex marriage cases this term, the U.S. Supreme Court probably will settle the issue once and for all by the end of June. The battles in Kentucky, Michigan, Ohio and Tennessee — the four states from which the cases under review come — are not simply about the rights of gay couples. They are about the meaning of marriage for all of us.

Defenders of same-sex marriage bans frame the issue as a choice between two incompatible views of marriage: The one they associate with same-sex couples centers on adult relationships and personal fulfillment. The other, which they argue excludes same-sex couples, centers on children. But this dichotomy presents a false choice. It misreads both what same-sex couples seek and what marriage means today. Marriage centers on adults and children, and it does so in ways that are consistent with — rather than antithetical to — the lives of same-sex couples.

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