Long before the Supreme Court handed down the landmark Obergefell ruling on equal marriage in 2015, activists were canvassing door-to-door, courting any lawmaker who would listen, and losing at the local level—a lot. Their scrappy determination helped convince family members, neighbors and eventually the rest of the country that the Constitution's guarantees of liberty and equality applied to same-sex couples.&nbsp;In Episode 3 of By the People, equal marriage campaign architect Marc Solomon joins Dahlia Lithwick and Mark Joseph Stern to trace the movement’s "quixotic" beginnings in 2001. As this series continues to explore how ordinary Americans—not just nine justices—can interpret and enforce the Constitution, the campaign for equal marriage offers examples and tools that dedicated citizens can use to make constitutional meaning.The episode also confronts an uncomfortable question: If popular pressure can produce a ruling you love, like Obergefell, it can produce one you might not, like the court’s decision to enshrine an individual right to bear arms in 2008’s D.C. v. Heller. Dahlia and Mark discuss what happens when popular constitutionalism is retrofitted as originalism, and why no constitutional win, no matter how&nbsp; popular, is ever truly permanent.By the People is Slate’s end-of-term project exploring how ordinary Americans have shaped the meaning of the Constitution outside the Supreme Court. You can read the full package of articles accompanying this series at <a href="http://slate.com/bythepeople" rel="noopener noreferrer" target="_blank">slate.com/bythepeople</a>The justices publish their opinions a few dozen times a year. Dahlia and Mark share theirs every week. Slate Plus gets you all of it: Amicus ad-free with a weekly bonus segment, and no paywalls anywhere on Slate. Join now. Visit <a href="https://slate.com/podcast-plus?utm_medium=link&utm_campaign=plus_pod&utm_content=Amicus&utm_source=show_summary" rel="noopener noreferrer" target="_blank">slate.com/amicusplus</a> to get access wherever you listen.You can subscribe directly from the Amicus show page on <a href="https://podcasts.apple.com/us/podcast/amicus-with-dahlia-lithwick-law-justice-and-the-courts/id928790786" rel="noopener noreferrer" target="_blank">Apple Podcasts</a> and <a href="https://open.spotify.com/show/7DpL32jgjwBTah8o9HQkBl" rel="noopener noreferrer" target="_blank">Spotify</a>.&nbsp; Need to set up your Slate Plus feed? If you subscribed through Slate.com, check out our <a href="https://slate.com/podcastfaqs#plusbenefits" rel="noopener noreferrer" target="_blank">FAQ</a> at slate.com/podcastfaqs for easy instructions. Members subscribed via Apple Podcasts get automatic access—no setup required.<hr> Hosted on Acast. See <a style='color:grey;' target='_blank' rel='noopener noreferrer' href='https://acast.com/privacy'>acast.com/privacy</a> for more information.

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By The People | Two Steps Forward, One Step Back

Amicus With Dahlia Lithwick | Law, justice, and the courts

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