[Marxism] Marriage equality to be tested in the US Supreme Court

En Passant with John Passant en.passant at bigpond.com
Sun Dec 16 02:36:22 MST 2012

A handful of unelected right-wing ideologues, appointed by presidents who are now viewed as illegitimate failures, will have more to say about the civil rights of millions of people than the obvious shift in public opinion on the issue of marriage equality.

Still, the die isn't cast. Other decisive cases in history have shown that the justices are swayed by popular opinion--contrary to the myth that they are impartial arbiters standing above society. This isn't because of the justices' own beliefs, but because they have to be concerned about whether the U.S. justice system is viewed as legitimate and representative of the sentiments of the majority of people in the U.S.

Thus, in 1989, when legal abortion hung in the balance in the case of Webster v. Reproductive Health Services, with a Supreme Court stacked with conservative judges, hundreds of thousands of protesters descended on Washington, D.C.--and helped tip the balance for the Court to step back from overturning Roe v. Wade.


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