SCOTUSBLOG.COM has introduced a seriously good series by Michael Klarman. They say, “As part of our expanded coverage of this month’s oral arguments in the challenges to state bans on same-sex marriage, we are pleased to present this post by Michael Klarman on the history of the same-sex marriage movement and, more broadly, on how constitutional law evolves in the United States.”
Part 1 was up on Wednesday, and Part 2 is up today. I will keep passing on the links as long as Klarman keeps writing.
They tell us that “Michael Klarman is a professor at Harvard Law School and author of From the Closet to the Altar: Courts, Backlash, and the Struggle for Same-Sex Marriage (2012).”
My only complaint about Part 1, is that Klarman repeats the received truth that coming out by gay people results in more support from straight people. Klarman doesn’t give the process in Massachusetts—Goodridge v. Department of Public Health—its due importance. After we had gotten marriage equality here in Massachusetts, and after nothing happened to anyone else’s marriages, that is, after everybody realized it was a non-issue, then other states could not use the argument that marriage equality would destroy eveerybody else’s marriages. In short, our marriage equality here didn’t affect pubic opinion so much as it affected the course of the legal argument.”
But any way, this is a wonderful series. Check it out. I think I will buy his book, too.