Why Are SSM Rights Doing Better Than Reproductive Rights

I don’t think Erik and I actually disagree, but since I’ve seen a variant of this argument going around I think it’s worth clarifying an important point. As of now, the right to same-sex marriage is secure in all 50 states; reproductive rights are not, and the trend in some states is getting worse. This might, on the surface, seem to be a reflection on the strategies applied by activists.

But it’s really not. Here’s the thing: in the states most aggressively restricting reproductive rights, there was zero chance Republican-controlled statehouses were going to legalize same-sex marriage rights. And despite the gains that LBGT activists have made in changing public opinion, these states aren’t about to provide civil rights protections to gays and lesbians either. Here are the reasons why same-sex marriage is more secure in red states than reproductive rights:

• Anthony Kennedy is much more sympathetic to gay and lesbian rights than to reproductive rights
• That’s it.

This doesn’t mean, of course, that supporters for reproductive freedom shouldn’t fight for everything they can. But the brutal truth is that until there’s a median vote of the Supreme Court nominated by a Democratic president things are going to continue to get worse no matter what activists do.