I apologize for the radio silence. I’ve been trying to finish a big, bad book on the politics of queer erasure and U.S. public schools, from the 1920s until today. So, between working on that, waiting on a potential Supreme Court decision, etc., it’s been a bit crazy, busy.
On Obergefell v. Hodges: This is one of the most important decisions for queer Americans, ever. I wasn’t not surprised that the court said that states had to recognize valid marriage contracts. In a secular state, marriage is a legally binding contract, just like credit card application–to be rather pedestrian. It is not, nor can it be, a mere matter of religion. Consequently, that part of the decision wasn’t s surprised.
The second part: Did queers have a fundamental Constitutional right to marry? THAT positive response was a happy shock and surprise. Justice Kennedy went further than I ever had hoped. And the dissent was as angry as it was incoherent (4 separate opinions? Really???). Consequently, once the door has been opened to one fundamental Constitutional right, the rest should follow.
This decision has incredible implications for U.S. public schools. It will take more litigation, unfortunately, to hammer things out for queer employees and students, but we now have a path to muuuuch better days ahead. I will be mapping these out in my forthcoming book (with Palgrave).