Who benefits from Friday’s U.S. Supreme Court ruling that grants the equal rights and benefits of marriage to all couples, whether gay or straight? Pretty easy question, no? Gay and lesbian couples who want to get married but live in states that outlawed such marriage.
Who is harmed by the new ruling? Maybe it’s my lack of imagination, but I can’t think of anyone.
Writing for Slate in a regular column titled “Supreme Court Breakfast Table,” U.S. Court of Appeals Judge Richard Posner raises the question above and answers it pretty much as I have above. Then suggests:
“Unless it can be shown that same-sex marriage harms people who are not gay (or who are gay but don’t want to marry), there is no compelling reason for state intervention, and specifically for banning same-sex marriage. The dissenters in Obergefell [that’s the same-sex marriage case decided last week] missed this rather obvious point.”