"I think (marriage) is such an important, fundamental constitutional right," Biber countered. "I don't think it should have to wait."
I've heard that before. The problem with that approach, Yoo noted, is that same-sex marriage advocates had better be right about a freedom not explicitly mentioned in the Bill of Rights. If they're wrong, they've set back their cause.
Yoo, too, believes that most states will enact same-sex marriage laws, and those laws will be politically more secure. "If it's decided by the court, it will be like Roe (v. Wade)," said Yoo, forever "one justice away" from being overturned. What the Big Bench giveth, the Big Bench can taketh away. But if voters pass a same-sex marriage law, it will stand, because the people have willed it.