Public Opinion,the Courts,and Same-sex Marriage

Abstract

Social scientists often have been called upon to weigh in on social issues, and same-sex marriage is no exception. We draw on quantitative and qualitative data from a national survey to evaluate four of the most prominent arguments raised by opponents of same-sex marriage in court cases. Our data undermine these claims, leading to four lessons about same-sex marriage that we can surmise from public opinion: (1) opposition to same-sex marriage is about animus, (2) marital status brings clear benefits to same-sex couples, (3) state variation in marital laws places same-sex couples in a vulnerable position, and (4) legal alternatives to same-sex marriage do not obviate the need for same-sex marriage. We briefly outline these four lessons and discuss the continuing importance of social science research—in particular, public opinion research—for understanding issues that will emerge as the perceptions of and legal rights afforded to same-sex couples change in the United States.