The national landscape for
marriage equality has changed considerably in the past month. On Oct. 6, the U.S. Supreme Court declined to hear
appeals on five different cases challenging lower courts' rulings
that found same-sex marriage bans to be unconstitutional. The decision paved
the way for same-sex marriage in five states immediately (Oklahoma, Virginia,
Utah, Wisconsin, and Indiana). Just a few days later, Idaho and Nevada joined
the growing number of states allowing same-sex marriage. On Oct. 17, same-sex
marriage bans in Alaska and Arizona fell with
Wyoming following suit
just days later.
Ted Olson, one of the lawyers in
the landmark "Proposition 8"
Supreme Court decision (Hollingsworth v. Perry), declared today that the "point of no return"
on gay marriage has now passed. Indeed, it seems clear that the U.S. Supreme
Court decision is signaling to the lower courts that it will not take up the
issue of same-sex marriage any time soon, particularly if the lower courts
continue striking down state marriage bans for same-sex couples.
As these state bans continue to
fall, the federal government has announced that it would immediately begin
recognizing same-sex marriages in all of 33 states. This decision follows the
U.S. Supreme Court decision on the Defense of Marriage Act (DOMA)
in 2013 (United States v. Windsor), which held that denying benefits to married
same-sex couples was unconstitutional.
It is hard to believe that Congress
enacted DOMA less than two decades ago. Right after that law went into effect,
the Cooperative Institutional Research Program (CIRP) Freshman Survey at UCLA's Higher Education Research
Institute began asking incoming freshmen their views on same-sex
marriage. Since CIRP first started asking the question in 1997, a majority of
incoming college students have agreed that same-sex couples have a legal right
to marry; however, it is remarkable how strongly incoming students now endorse
this position. The CIRP Freshman Survey last asked this question in 2012, and three-quarters
of first-time, full-time students (75.1 percent) agreed that same-sex couples
have a legal right to marry, and the data suggest that nearly all (91.1
percent) of students who identify as "liberal" or "far
left"