Right or Not, Focus Shifts to Legislatures.

The U.S. Supreme Court has refused to hear an appeal to Florida's law banning gays from adopting children, leading social conservatives to pledge more such laws.

But opponents of the Florida law say they are ready to combat efforts to duplicate it - and will continue to encourage Florida lawmakers to repeal the ban. And even Florida's attorney in this matter, Casey Walker, told the Supreme Court that "Even though some may disagree with it as a policy matter, the place to change it is the Legislature and not the courts."

I believe courts do have a fundamental role in protecting basic equality under the law, even in the face of the "tyranny of the majority." But we also have to face facts, and in the current political climate even when courts do rule for equal treatment for gays, their decisions can be overturned by state ballot initiatives (or even a U.S. constitutional amendment). There is simply no getting around the need to engage the public (i.e., the voters who either elect judges, or elect those who appoint judges) and win them over.

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