The Legal Golden Ratio On Marriage

Via the New York Times:

The Constitution is not a math problem, but numbers can play a role in the Supreme Court’s calculations. When the court struck down bans on interracial marriage in 1967, such unions were still illegal in 16 states. When the court struck down laws making gay sex a crime in 2003, 13 states still had anti-sodomy measures. Should the court take up the question of same-sex marriage this term or next, as it seems likely to, the unions will be against the law in no more than 15 states. “The coincidence is hard to miss,” said Susan Sommer, a lawyer with Lambda Legal who has been litigating same-sex marriage cases for more than a decade. In a brief urging the Supreme Court to hear a same-sex marriage case from Ohio, lawyers for several couples recited the history and pushed the comparison. “The current landscape for marriage recognition for same-sex couples,” the brief said, “looks much the same as it did in 1967 for interracial couples and in 2003 for same-sex intimate partners.”

The above-linked article notes that it was largely state legislatures, not courts, that had whittled down the number of bans on interracial marriage by the time the Supreme Court acted.