I highly doubt that Jeffrey Hexel would be criticizing the Supreme Court had it not ruled in favor of gay marriage. Like the segregated south of the 1960s, conservatives and the religious right claim that this is not an issue of civil rights, but one of judicial practice. While this tactic is a tricky way of sidestepping the real issue of gay marriage, I am writing to offer a very different view of the SJC’s behavior. The ambiguity in which the Supreme Court enshrouds itself is often frustrating. Despite this, there is no doubt that a politically active Court is essential to creating a living and breathing democracy. The fact that the court makes decisions is more important than the decisions it makes. We should be pleased that the court is willing to enter into controversy rather than cowardly avoid it. Often times, by making decisions, the Supreme Court is telling America to get ready for great moments of civic debate. They are preparing us for change by bringing often overlooked controversy to the eyes and language of the public, but in the process, leaving it to the public to take action. This precious existence must not be taken for granted. We have seen that the same system that failed Homer Plessey and Michael Hardwick bravely stood up for Oliver Brown and Tyrone Garner. Were it not for an active Supreme Court, these landmark events that shape America would have never made it to the public eye. Rather than argue over what the Supreme Court was meant to be, we must embrace what it is: A body of unelected scholars who are in charge of ensuring that our constitutional rights are protected. The men and women who don the robes that represent this honor are in many ways the leaders of our society, whether we like it our not. As leaders, we must demand that they uphold the values that our constitution endorses. Gay marriage is a civil rights issue, and the courts willingness to provide a forum for this discussion should be appreciated by all sides.
Peter Tinti CAS ’06
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