by thenewgreen

Unlike Congress, though, the Supreme Court is obliged to take a position when confronted by social change. Even the dissenting opinions in the gay-marriage decision showed a sensitivity to public opinion which some politicians lack. In his dissent in Obergefell, Chief Justice Roberts spoke directly to Americans, using conciliatory tones. “If you are among the many Americans—of whatever sexual orientation—who favour expanding same-sex marriage, by all means celebrate today’s decision,” he wrote. “Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits.” Were he a legislator, he went on, he “would certainly consider” the benefits of marriage equality “as a matter of social policy”. As a judge, however, he had to hold that the constitution demands nothing of the sort. “I have no choice,” he wrote, almost apologetically, “but to dissent.”