Are federal courts the best hope for gay rights? Even with Harry Reid promising to bring the repeal of "Don't ask, don't tell" to a Senate vote after Thanksgiving, many activists feel the judiciary is still their best avenue to win change. But could court victories end up backfiring and slowing the trend toward a wider acceptance of gays into American life?
In the 17 years since Hawaii's Supreme Court issued the first ruling in favor of gay marriage, it has been judges — not lawmakers, and certainly not the voters in 30-odd state referendums banning gay marriage — who have sided with same-sex couples seeking to wed. That's never been clearer than it is now, with three different federal opinions in favor of gay rights that together threaten to end America's long history of legal discrimination against gays....
