The Ghost of Roe

Obergefell v. Hodges, the U.S. Supreme Court case that established a constitutional right to same-sex marriage, is certainly destined to enter the history books as a "landmark", one of those rare cases law scholars and schoolchildren alike study for its profound impact on American society. But the occasion also offers an opportunity to reflect on the puzzle of why the country that birthed the gay rights movement with the Stonewall riots of 1969 fell so far behind in guaranteeing marriage equality to its homosexual population. After all, around 20 other nations have bested the United States in legalizing same-sex marriage at the national or federal level, including liberal stalwarts such as the Netherlands (which started the trend in 2001).©2015 Foreign Affairs (P)2015 Audible, Inc.