[LINK] "Will the Votes for Gay Marriage in Britain and France Influence the Supreme Court?"
Michael In Norfolk linked to and quoted from an Andrew Sullivan blog post arguing that the recent votes in favour of marriage equality in the United Kingdom and France might influence a ruling in the United States' Supreme Court on same-sex marriage. This makes sense: if, as has occurred in past rulings on gay rights generally, precedent established in countries with legal cultures similar to that of the United States is cited, then the British and French votes will matter.
Two of the wealthiest Western democracies are now on the verge of having full marriage equality: Britain and France. The vote yesterday in the Commons – 400 – 175 – was echoed in the French National Assembly five days ago – 249 – 97. These were not close votes. Yes, they have divided the British right – with a slim majority of Tory MPs in Britain deciding not to follow David Cameron’s modernizing lead. But those dissenters should not be confused with the Christianist opposition in the GOP. In the UK, gay couples in civil partnerships have almost all the rights of heterosexual married partners, including immigration rights, which John McCain just dismissed as utterly unimportant to him. The Conservative opposition in Britain was nonetheless in favor of consigning gays to a separate but equal category of civil partnerships. The Christianist opposition in America is in favor of denying gay couples any civil recognition or protection of any kind.
The difference is that between a conservative party seeking to govern a country and a religious party seeking an eternal culture war. But when the Supreme Court comes to weigh the issue next month, I think the fast-growing support for equality in America, especially among the young, the growing number of states in the US with marriage equality, and the overwhelming embrace of equality by many countries both physically close – Canada and Mexico – and historically close – Britain and France – will have an effect.