The New York Times on same-sex marriage

I rarely whine when a newspaper totally misses the point regarding a legal question. But I have higher expectations for The New York Times, especially when dealing with one of the central legal and political issues of our era. On Monday, this is what we were told [link]:

The Supreme Court’s decision to deny review of all five pending same-sex marriage cases, thereby clearing the way for such marriages in several states, puts it in line with an American public that supports same-sex marriage but says its legality should be left to each individual state to decide.


That statement turns reality on its head.

The Supreme Court’s action results in the legality of same-sex marriage being determined by federal judges, not by the individual states