SCOTUS has a choice before it in the two marriage equality cases they have agreed to review. Will they follow the logic of Plessy v Ferguson and its doctrine of “separate but equal” or Brown v Board of Education and a clear declaration of “equal”? Will they choose the logic of Dred Scott v. John Sandford and its “blacks have no citizenship rights” or that of Loving v Virginia and its “states have no discrimination rights”?
Judges elsewhere, like Mark Cady in Iowa and Vaughn Walker in California, have chose the path of Brown and Loving. Will John Roberts walk that same path, or will he and his conservative colleagues choose to be remembered like Roger Taney for sending Dred Scott back into slavery?