Symposium: Sometimes it takes unelected Justices, not the political process, to give Americans the law they really want

Steve Sanders teaches constitutional law, constitutional litigation, and family law at the Indiana University Maurer School of Law.  He was co-counsel on an amicus brief in support of the petitioners in Obergefell v. Hodges.
A few days before the April oral arguments in Obergefell, I represented the pro-marriage-equality side (along with Robbie Kaplan) in a debate sponsored by the Alliance Defending Freedom.  To my surprise, the social conservative advocates on the other side avoided their usual arguments about natural law and the conjugal theory of marital unions.  Rather, they professed to celebrate pluralism and the diversity of views on gay marriage. 
“There are good arguments on both sides of this debate,” said Heritage Foundation scholar (and my co-blogger in this symposium) Ryan Anderson.  In much the same vein as Chief Justice John Roberts’s dissent in Friday’s Obergefell decision, Anderson

Original SCOTUS article

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