By The People | Two Steps Forward, One Step Back
Summary
In this Amicus episode, hosts Dahlia Lithwick and Mark Joseph Stern interview Mark Solomon, a key architect of the marriage equality movement. Solomon details the grassroots strategy that shifted public opinion and pressured lawmakers, culminating in the Supreme Court’s Obergefell decision. The discussion contrasts this popular constitutionalism with the gun rights movement’s use of judicial supremacy, arguing that citizens must continuously defend rights rather than relying solely on court rulings.
Topics discussed
Introduction: From Elizabeth Turner to ordinary people claiming constitutional rights
The early strategy: Grassroots organizing and the Vermont civil union backlash
Massachusetts 2004: Overcoming Catholic opposition and public skepticism
Defending the win: Canvassing, storytelling, and changing hearts and minds
The roadmap to victory: Building critical mass despite 30 consecutive losses
Political hardball: New York's legislative win and Obama's evolving stance
Turning points: Prop 8, Windsor, and the federal lawsuit wave
Obergefell 2015: The Supreme Court recognizes marriage equality
The Heller parallel: How gun rights were constitutionalized via popular opinion
Current threats: Backlash, a conservative court, and the need for vigilance
Conclusion: The power of bottom-up processes and series credits
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