It’s no coincidence that the Oregon and Pennsylvania opinions both began with the stirring stories of the plaintiffs, long term gay couples denied the right to marry. On the surface, those stories are extraneous detail. But on close inspection, they are why the marriage tide won’t be turned.The author points out that it is images and stories that have driven recent pro-same-sex marriage rulings by state judiciaries—not the Supreme Court’s 2013 Windsor decision. The real story is this: it’s all about marketing and the cultivation of perceptions, coupled with intimidating tactics.
How did we get to the point where high-profile jurists ignore the will of the people clearly established through ballot initiatives, as well as legal precedent set by the Supreme Court? How has judicial decision-making become so influenced by subjectivity, images, clever marketing strategies, and perceptions carefully crafted by special interest groups? (more...)
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