TIME: Eager to be eyewitnesses to history, people camped for days in the dismal cold, shivering in the slanting shadow of the Capitol dome, to claim tickets for the Supreme Court’s historic oral arguments on same-sex marriage. Some hoped that the Justices would extend marriage rights; others prayed that they would not. When at last the doors of the white marble temple swung open on March 26 for the first of two sessions devoted to the subject, the lucky ones found seats in time to hear Justice Anthony Kennedy — author of two important earlier decisions in favor of gay rights and likely a key vote this time as well — turn the tables on the attorney defending the traditionalist view. Charles Cooper was extolling heterosexual marriage as the best arrangement in which to raise children when Kennedy interjected: What about the roughly 40,000 children of gay and lesbian couples living in California? “They want their parents to have full recognition and full status,” Kennedy said. “The voice of those children is important in this case, don’t you think?” Nearly as ominous for the folks against change was the fact that Chief Justice John Roberts plunged into a discussion of simply dismissing the California case. That would let stand a lower-court ruling, and same-sex couples could add America’s most populous state to the growing list of jurisdictions where they can be lawfully hitched.
A court still stinging from controversies over Obamacare, campaign financing and the 2000 presidential election may be leery of removing an issue from voters’ control. Yet no matter what the Justices decide after withdrawing behind their velvet curtain, the courtroom debate — and the period leading up to it — made clear that we have all been eyewitnesses to history. In recent days, weeks and months, the verdict on same-sex marriage has been rendered by rapidly shifting public opinion and by the spectacle of swing-vote politicians scrambling to keep up with it. With stunning speed, a concept dismissed even by most gay-rights leaders just 20 years ago is now embraced by half or more of all Americans, with support among young voters running as high as 4 to 1. Beginning with the Netherlands in 2001, countries from Argentina to Belgium to Canada — along with nine states and the District of Columbia — have extended marriage rights to lesbian and gay couples. » | David von Drehle | Thursday, March 28, 2013
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Pride and Prejudice: An Interactive Timeline of the Fight for Gay Rights » | TIME staff | Tuesday, March 26, 2013
