AGallup pollin May showed record-high support for
same-sex marriage at 60 percent.
But aReuters polltaken in the two weeks followingObergefell v. Hodges, the
Supreme Court decision legalizing same-sex "marriage" in all 50
states, showed a drop of almost 10 points, down to only 51 percent. These
are the lowest numbers since 2012.
The poll (post-Obergefell) asked,
"Do you support or oppose allowing same-sex couples to legally
marry?" Those in support were 51 percent, while 35 percent opposed it, and
14 percent remained undecided.
The poll also shows a shift in
popular thinking with regard to the roles of the state vs. the federal government, as well as the roles of each branch of
government. In response to the second question, which asked who should decide
the issue of same-sex "marriage," 37 percent (the highest percentage
in the group) answered that the Supreme Court should make the law.
As we know, marriage has
traditionally fallen within the scope of state law, and has traditionally been
a matter solely determined by the legislative branch of government. The
judiciary was almost never involved, except in cases requiring interpretation
or application of already-existing marriage laws passed by state legislators.
But in light of decades of
what critics have called judicial
activism, where the Supreme Court and other federal courts have violated
the doctrine of Separation of Powers by usurping the role of the legislature,
American opinion has gradually shifted towards seeing the judiciary as no
longer apolitical — as was once the case — to now seeing it as the supreme
"legislative" body in the nation.
Only 10 percent of those
polled believe gay "marriage" laws should be determined by state
legislators, while only six percent believe the federal Congress should make
these determinations. Twenty-four percent believe it should be determined by
state voter referendum, while 23 percent are undecided.
The gap narrows with the fifth
question, which asks, "Would you support or oppose a constitutional
amendment defining marriage as between a man and woman only, meaning same-sex
marriage would not be legal?" Thirty-eight percent support such an
amendment, while only 46 percent oppose it. Sixteen percent remain unsure. This is also promising. OREMUS.