Debating Same-Sex Marriage: Lessons from <Emphasis Type="Italic">Loving</Emphasis>, <Emphasis Type="Italic">Roe</Emphasis>, and <Emphasis Type="Italic">Reynolds</Emphasis>

The United States Supreme Court, in its 2015 Obergefell v. Hodges decision, declared a constitutional right to same-sex marriage (SSM). With Republicans now controlling the Congress and presidency, and with value-traditionalists and ‘strict’ constitutionalists influencing the party’s legislative agenda and judicial nominees, Obergefell’s future and the contours of SSM rights are uncertain. Proponents assume the decision will delegitimate opponents, just as Loving v. Virginia (1967) accelerated the delegitimation of racial segregationists. SSM opponents counter with the Court’s 1973 Roe v. Wade ruling and argue that, like Roe, Obergefell undermines the democratic process, which is better suited to resolve a highly-charged moral dispute. Like Roe, Obergefell will not resolve the debate but, instead, trigger a durable opposition. We add a third possible path, drawing on the evolving public discourse on polygamy since the Supreme Court upheld prohibitions in Reynolds v. United States (1878). The politics of polygamy shows that, if SSM opponents are delegitimated, they may reemerge as legitimate participants in the public sphere. These paths offer insights into uncertainties, contingencies, and predictions regarding the durability of SSM resistance and other oppositional movements. They also lead to revisionist interpretations of the effect on public discourse flowing from these three seminal court decisions. The politics of interracial marriage (after Loving) shunned the losing political faction from the public forum, while those of abortion (after Roe), and, recently, polygamy, illustrate a more vibrant, pluralist model of deliberation. Whether SSM opponents will mimic a Roe model, or follow the trajectory of Loving or Reynolds, is now the question.     

Bradley J. Birzer, <Emphasis Type="Italic">Russell Kirk: American Conservative</Emphasis>

Bradley Birzer’s Russell Kirk: American Conservative is a readable, yet erudite account of a figure all too forgotten today. Tracing his early life and career through its many twists and turns, the reader learns a great deal about the state of letters in the mid-twentieth century.     

In Praise of <Emphasis Type="Italic">The American Political Tradition</Emphasis>

No book is more exemplary in identifying the continuity of democratic statesmanship in the United States than Richard Hofstadter's second book. Its scope is long—from the Framers through the New Deal. The author's insights are brilliant, expressed with literary brio. No other book manages to convey the basic homogeneity of American politics with such persuasiveness, in blending that tradition with the defense of enterprise and property (and in sprinkling the portraits with such acerbic wit). The unifying thread nevertheless needs to be modified in the light of greater sensitivity to the ordeal of race, and in evaluating how the heritage of the New Deal has tempered the commitment to an unbridled capitalism.