Today is an historic day in the life of our nation. Today the Supreme Court ruled that it is unconstitutional for states to prohibit or fail to recognize marriages between partners of the same sex. I am lucky enough to have an office near the Supreme Court building, and I could not help but walk over and watch the celebrations.
Walking back to my office, I reflected on the nature of this decision. It ratifies a social move toward equality that began long ago as mores started shifting in the social upheavals of the 1960’s. (Indeed the roots stretch back much farther.)
Institutions have been catching up ever since, too slowly for almost everyone and in fits and starts. Different parts of society have benefited at unequal rates and in unequal amounts. But the general progression has been for the major institutions in our lives take note of and respond to the changes in our society.
Institutions are a special kind concept — not just some kind of organization. We establish institutions so as to provide permanence. We ask them to be slow to change, because they are meant to undergird society for the long haul.
The institution of the judiciary, the entity charged with being the memory of our collective conscience, embodies this “slow to change” concept. It operates according to a concept called stare decisis. This is Latin for “stand by things decided.” This is the meaning of precedent. Judges decide conflicts. They look for the universal rules underlying the conflicts and ask what the rule ought to be. The intent is that for future, similar conflicts, this decision is the binding rule by which they should be decided. This “common law” is equally binding as other forms of laws or regulations.
But today’s decision is more sweeping than a law, or a regulation, or a vote, all of which can be undone. The operating system of the judiciary is built such that decisions only rarely get unmade and then only under exceedingly special circumstances. The decisions of the Supreme Court are permanent.
Today’s ruling is an unequivocal statement for equality. As such it will be the law of the land from here on. Only a cataclysm will unmake it. It took a long time to get here, but here we are.
So much more progress to be made, in so many more arenas — but today is a good day.