Neil Gorsuch, Trump’s Supreme Court pick, probably would not have joined the ruling in favor of marriage equality, although he is a former clerk to Justice Anthony Kennedy, who authored the Obergefell decision.
American liberals have become addicted to the courtroom, relying on judges and lawyers rather than elected leaders and the ballot box, as the primary means of effecting their social agenda on everything from gay marriage to assisted suicide to the use of vouchers for private-school education… .
…too much reliance on constitutional litigation is also bad for the Left itself. The Left’s alliance with trial lawyers and its dependence on constitutional litigation to achieve its social goals risks political atrophy. Liberals may win a victory on gay marriage when preaching to the choir before like-minded judges in Massachusetts. But in failing to reach out and persuade the public generally, they invite exactly the sort of backlash we saw in November when gay marriage was rejected in all eleven states where it was on the ballot.
Marriage equality was eventually achieve through the courts, and—unlike the abortion-ruling aftermath—without an escalation of the initial backlash the Gorsuch noted. But his arguments aren’t those of the fire-breathing LGBT-rights opponent of progressive fear-mongering.
Gorsuch does support religious liberty rights, which will drive the LGBT left berserk. He ruled against the government in a case involving the Obamacare mandate that employer health plans provide no-cost contraceptive coverage to female workers, including drugs some consider to be abortifacients. As LGBTQ Nation notes:
In Burwell v. Hobby Lobby, the corporation argued that its religious beliefs were being violated by the ACA. Gorsuch sided with Hobby Lobby, holding that a for-profit business could have religious beliefs, with which the Supreme Court later agreed.
I agreed, too.
Gorsuch is a conservative, but he’s not a social conservative activist. I don’t expect that liberal media will pay much attention to the distinction.
More. An email just received from Zeke Stokes at GLAAD:
Gorsuch’s record on the federal bench means his appointment to the court could put LGBTQ people at risk, from workplace protections to even marriage equality. Coming on the heels of rumors of a sweeping Trump executive order attacking the LGBTQ community, this appointment could spell danger for LGBTQ people, women, people of color, immigrants, and other marginalized communities — many of whom are already targets of Trump’s actions.
A follow-up from GLAAD explains:
We just got some devastating news. According to breaking media reports, a leaked copy of a draft executive order reveals plans by the Trump Administration to allow for widespread discrimination against LGBTQ people across the country– much like the law Vice President Mike Pence signed as governor of Indiana.
Attacking religious liberty rights will be the singular issue of the LGBT left (which is to say, the LGBT political movement) going forward.