The court challenges that did prevail were largely won once a majority of the public had already shifted in favor of gay marriage. Early lawsuits, therefore, were noteworthy less for what they accomplished with judges and more for providing opportunities to rally supporters, educate the public, and make their case in the media. “In the real world, before the courts will act, there is almost always some shift in social legitimacy,” writes Linda Hirshman, author of a history of the struggle for LGBT rights in the United States. “Civil rights litigation often speeds up the process of social
...more
