January 10, 2010

JONATHAN ADLER ON TED OLSON ON GAY MARRIAGE. Plus some further thoughts from Dale Carpenter. My take is similar to Dale’s, I think — I favor gay marriage and would enact it myself if allowed to, but I don’t believe that litigation is the way to go at present; it’s unlikely to succeed and it’s likely to generate backlash if it does. I think that acceptance of gay marriage is only a matter of time, and not a while lot of time at that, and that changes via litigation are less likely to be seen as legitimate than changes via legislation. Of course, with an anti-gay-marriage President in the White House, I guess it’s hard to put a lot of faith in electoral politics right now . . . .

UPDATE: Thoughts from Andrew Marcus. Yeah, separating marriage and state would be best, but I see that as the least likely outcome, alas.

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