Those wanting to bring back a ban on same-sex marriage in Utah should carefully consider the U.S. Supreme Court’s majority opinion when it struck down the federal Defense of Marriage Act last year. The opinion, written by the court’s traditional swing vote, Ronald Reagan appointee Justice Anthony Kennedy, had this to say about DOMA:
There are 32 states with laws still in effect banning gay marriage, but only one state has passed such a law since 2006. Since that time seven state legislatures have passed laws to allow same-sex marriage, and three more states did so through popular vote. Court decisions have struck down the laws in another seven states, including Utah. One of those states is California, where state officials stopped defending their same-sex marriage ban when it became obvious where the future lies.This strikes me as some sort of tectonic shift. I'm not closely acquainted with the complexities of Utah politics. If people who are think are reasons not to take this as a major event, I'd appreciate their sharing their views. Otherwise, this looks like yet another sign that the tide is indeed turning.
Utah’s ban passed with 66 percent of voters approving it, but it’s a legitimate question whether it would pass today if another election were held. Even the LDS Church has gone from actively participating in the marriage wars to simply explaining its own beliefs and practices.
The tide has turned. It’s time for Utah to turn with it.