By The People | Two Steps Forward, One Step Back

By The People | Two Steps Forward, One Step Back

Author: Slate Podcasts August 1, 2026 Duration: 45:55

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. 

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  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 slate.com/bythepeople


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Dahlia Lithwick guides Amicus With Dahlia Lithwick | Law, justice, and the courts through the complex and often opaque world of the American legal system. This isn't just a dry recap of rulings; it's a vital exploration of how the law shapes lives, freedoms, and the very fabric of society. The focus frequently rests on the Supreme Court, unpacking the philosophies, personalities, and profound consequences stemming from its nine justices. Each episode seeks to demystify the court's operations and its towering influence on everything from civil rights to everyday governance. You'll hear insightful conversations with legal scholars, journalists, and practitioners who provide clarity on landmark decisions and the simmering cases poised to change the nation. Produced by Slate Podcasts, this series operates with the understanding that justice is not a static concept but a living, breathing, and fiercely debated process. The podcast serves as an essential companion for anyone striving to understand the forces that govern us, offering narrative depth and analytical rigor far beyond the headlines. For those who want to dive deeper, a Slate Plus membership offers additional weekly episodes with extended legal analysis, alongside an ad-free listening experience across Slate's network.
Author: Language: English Episodes: 50

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