The Supreme Court has announced it will look at two gay marriage cases. Chris Matthews feels a thrill running up his leg. Shivers are probably the right response. But not necessarily the Matthews kind. The Court’s consideration of the sweeping challenge to California’s Proposition 8 raises the odds that the Supreme Court strategy may backfire—a risk that the modest challenge to the Defense of Marriage Act was likely to avoid.
LAST YEAR, CONSERVATIVES responded to Lawrence v. Texas—in which the Supreme Court struck down all 13 state anti-sodomy statutes and overruled Bowers v. Hardwick, the infamous 1986 case that denied “a fundamental right to engage in homosexual sodomy”—with dire warnings that the decision would open the floodgates to radical social changes, including the advent of gay marriage.