Let’s hope that the Supreme Court, when it considers DeBoer v. Snyder, will let this issue play out through the democratic process. That was certainly Judge Sutton’s operating premise. Judge Sutton closed his opinion with this passage:
But Judge Sutton’s exercise of judicial humility is not that common. All of us, and maybe particularly judges, want to be heroes. I doubt whether the Supreme Court Justices who refused to hear same sex marriage cases in October will now affirm Judge Sutton’s ruling. The Justices will likely rely on the legal trend they supported to force same-sex marriage on every state in the Union.
Richard Myers is Professor of Law, Ave Maria School of Law and serves on the Aleteia Board of Experts.