Secular Courts and Sacred Ties: A Critical Analysis of the U.S. Supreme Court's Ruling on Same-Sex Marriage

Abstract

AbstractThe recent Supreme Court ruling regarding same-sex marriage presents a number of problems for a nominally secular and pluralistic society that aspires to be democratic. As to the nation's nominally secular commitments, this decision is striking for the prominence given to veiled (and not-so-veiled) religious language. As to the nation's pluralism, the decision presupposes a rather narrowly Christian (and indeed Roman Catholic) view of marriage. As to the nation's democratic commitments, the decision participates in the emerging trend whereby Court decisions are read simply for their results, not for their reasoning. This creates the perception that Supreme Court decisions create winners and losers in an arbitrary and undemocratic fashion. To counter this trend, this article provides a close reading of the decision, and the four dissents, to pursue broader questions about the place of this debate in current North American society.