Simfan34
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Posts: 15,744
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E: 0.90, S: 4.17
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« on: August 03, 2014, 10:28:21 PM » |
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Well, the difference would be that, whereas the Roe v. Wade ruling was blatantly void of any actual constitutional basis (this really shouldn't a contentious point no matter your stance), there is a fairly sound argument undeniably rooted in constitutional law for a right to same-sex marriage.
It might not stop people now from making false comparisons, but a lot of the anger over Roe came from the fact that the court was very clearly was legislating from the bench. That just wouldn't be the case in a potential SSM ruling, something that would have presaged even by something like Scalia's dissent in Lawrence v. Texas. Of course the court will probably act in an abundance of caution regardless.
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