Today, realistic Republicans are secretly praying that the Supreme Court will respond to the arguments presented in the Prop 8 and DOMA cases before it with a broad ruling finding a constitutional right for all Americans to marry the person they love.
That is the only way of avoiding a foreseeable future in which Republicans will be forced to either repeatedly alienate the rapidly growing supermajority of Americans who support equality, or repeatedly betray their own aging base, that angry 36% demanding the “right” to forcibly shove society into still the coat which fitted him when a boy.
If the Court announces a sweeping ruling in June that makes marriage for all the law of the land, GOP strategists can breathe a sigh of relief – they will then be able to deflect the rage of their base toward those nine rogue “unelected judges.”
The alternative future will be a punishing series of state battles over the next four, eight, twelve years and beyond, in which they will not have the luxury of avoiding the issue, however much they might wish they could do so.
By contrast, when same-sex couples decide to have children, “substantial advance planning is required,” said Paul D. Clement, a lawyer for House Republicans.
In their opening briefs, this was the reasoning offered by both Clement in defense of Section 3 of the “Defense of Marriage” Act and Charles Cooper in defense of Prop 8: Because opposite sex couples are burdened with the “unique social difficulty” of frequently producing children by accident, and same sex couples “don’t present a threat of irresponsible procreation,” same sex couples and their children should be excluded from the security and benefits of marriage. This is what anti-equality American taxpayers are getting for $3 million in public funds?