The constitutionality of the Defense of Marriage Act, and a related question whether gay marriage is a federal constitutional right are finally heading to conclusions in the U.S. Supreme Court. As I have indicated before in this column, I really don’t give a hoot about same-sex marriage. I think it a bizarre concept, but I haven’t a horse in that race.
That said, I have nonetheless viewed it a policy issue off-limits to the courts. I think gays have conflated and confused wants with constitutional rights, and judge-shopped and venue-steered their cases, breeding injurious suspicions and cynicism toward the courts. Indeed, the resultant distrust of the courts led voters in the majority of states to amend their state constitutions to put a leash on them.
