This clearly has to be the most optimistic prediction that I have read regarding how the SCOTUS justices will come down on the marriage equality issue/cases. Chicago Tribune editor, Eric Zorn, states that he believes that the ruling will favor marriage equality by a unanimous vote of the justices. All I can say is that that would be quite remarkable given how some of the justices of this Supreme Court have ruled on gay issues in the past. Mr. Zorn says that he realizes that, but that none of the SCOTUS justices will want to go down in history as being against marriage equality because it is the wrong side of history.
From The Chicago Tribune:
But some court observers thought they heard Roberts looking for a way to make it 6-3 when he said from the bench, "I'm not sure it's necessary to get into sexual orientation to resolve this case. I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can't. And the difference is based upon their different sex. Why isn't that a straightforward question of sexual discrimination?"
The three outliers would then have to ask themselves, "Do I really want to earn the contempt of history with one last futile shake of my wizened fist at this expansion of human rights? Do I want my name in the Supreme Court rogues gallery that includes those justices now acknowledged as benighted who voted to uphold slavery in Dred Scott v. Sandford (1857), OK'd "separate-but-equal" segregation in Plessy v. Ferguson (1896) and tried (but failed) to uphold anti-contraception laws in Griswold v. Connecticut (1965)?"
That's the choice they face. Public opinion has undergone a dramatic and generationally driven shift on gay marriage.
A 9-0 ruling tells America "move on, this issue is settled." It enhances the legitimacy of the decision and, therefore, of the court itself while minimizing the potential for backlash.
It would be amazing if he turns out to be correct, but at this point I'm quite skeptical.
4:04 PM PT: I've corrected the headline and other references to read "Chicago Tribune" rather than "Chicago Times".