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Even Anti-Gay Activists Predict Victory for Same-Sex Marriage at the Supreme Court

Mother Jones

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As oral arguments in the highly anticipated gay-marriage case Obergefell v. Hodges got underway on Tuesday morning, hundreds of same-sex-marriage supporters gathered outside the Supreme Court to celebrate what they were convinced would be a major victory. A few dozen gay-marriage foes showed up as well, including members of the notorious Westboro Baptist Church, but even they seemed resigned to the fact that their pro-marriage-equality opponents would prevail.

In Obergefell v. Hodges, the Supreme Court is considering the legality of same-sex-marriage bans; the case turns on the question of whether the 14th Amendment guarantees the right to same-sex marriage and whether states are required to recognize same-sex unions from other states. After the oral arguments, the New York Times reported that the justices were closely divided on whether same-sex marriage is a constitutional right. A decision is expected at the end of June.

Ben Phelps of the Westboro Baptist Church

“I know it’s a fait accompli,” said an unhappy-looking Ben Phelps, 39, a member of the Westboro Baptist Church, the Kansas-based group known for its anti-gay activism and categorized as a hate group by the Southern Poverty Law Center. Phelps and a small group from his church were protesting on the outskirts of the rally. He held two signs, one that read “God Hates Fags” and the other “Same-Sex Parents Doom Kids.” Phelps predicted the court will rule in favor of same-sex marriage “because we’re in the days of Sodom.”

David Grisham of Repent Amarillo

About 30 yards away, David Grisham, the leader of an anti-gay-marriage group called Repent Amarillo (an outfit the Texas Observer described as a “militant evangelical group that advertises itself as ‘the Special Forces of spiritual warfare'”), shouted into a microphone: “Folks, I’m telling you right now, you’re going to lose your rights if you don’t wake up.”

“I believe the Supreme Court will rule in favor of gay marriage,” Grisham told me after passing the mic to another member of his group. The result, he predicted, would be “persecution for Christians.” He added, “The structure of the family will continue to break down” and “society” will unravel with it.

Gay marriage supporters surround anti-gay protesters.

Grisham and Phelps were in the minority. The overwhelming majority of the crowd had gathered at the court to support marriage equality. “I’m confident,” said Maria Mascaro, 34, who drove down from Philadelphia to attend the rally. “There’s going to be a cocktail after this.”

Albino Periera, 50, and his husband, Joe Kowalcheck, 36, as well as their two dogs, Lola and Nero, made the trip to DC by car from Ormond Beach, Florida. “We’re all very optimistic,” Kowalcheck said. “It would be hard to go backward.”

Nero, gay marriage supporter

Many supporters were optimistic that Justice Anthony Kennedy, who authored the 2013 opinion striking down part of the Defense of Marriage Act, would be the swing vote in favor of marriage equality. “Public opinion is so in favor” of same-sex marriage, said Barbara Stussman, 48, of Maryland, whose daughter is a lesbian. “I think Justice Kennedy takes that into account.” During oral arguments, however, Kennedy expressed concern about changing the conception of marriage that “has been with us for millennia,” according to the New York Times.

“I think if Kennedy found DOMA to be discriminatory…he’ll find state bans to be discriminatory too,” said Jeremy Cerutti, 35, a lawyer from Philadelphia. “This is our 1960s moment.”

Opponents of gay marriage likewise see this case as a watershed moment.

“This is the case,” said Grisham of Repent Amarillo. “This is like a Roe v. Wade moment.”

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Even Anti-Gay Activists Predict Victory for Same-Sex Marriage at the Supreme Court

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Obamacare is Working, and It Will Probably Continue to Work

Mother Jones

Tyler Cowen isn’t satisfied with current answers to the question of how well Obamacare is working. But although no one has firm answers to the questions he asks, I think we know more than he implies we do—especially when you widen your scope beyond just the details of the Obamacare transition over the next few years. Here are a few quick responses to his questions:

1. Five to ten years from now, how much do we think employment will have gone down as a result of ACA?

Take a look at Europe. The answer almost certainly is (a) perhaps a little, but not much, and (b) it’s going to be swamped by other factors anyway. In fact, if Obamacare eventually leads to the end of employers being responsible for health insurance, it could end up helping employment. More generally, though, if you’re worried about employment trends, then health care taxes and mandates should be the least of your concerns. They’re just a blip by comparison to everything else going on.

1b. How will the effort to introduce greater equality of health care consumption fare if wage and income inequality continue to rise? Will this attempt at consumption near-equalization require massively distorting incentives?

No. Even if we move to full universal health care, it will likely raise marginal tax rates by something in the neighborhood of 6-7 points. That’s nothing to sneeze at, but the bulk of it will replace current spending by employers and will do little to distort anything. The remainder is simply too little to introduce more than a modest amount of distortion in a $15 trillion economy.

2. Will ACA even have improved overall health in America?

Probably a little bit, but not a lot—though it depends on how you measure it. Especially in the under-65 age group, for example, it will do little to reduce mortality. However—and this is something I can’t repeat often enough—this is not the main point of universal care anyway. The main point is to improve quality of life and reduce the life-shattering financial consequences of serious medical emergencies.

3. Given that prices in the individual insurance market already seem to have gone up 14-28 percent, and may go up more once political scrutiny of insurance companies lessens, what is the overall individual welfare calculation from this policy change?

Actually, prices will probably go up less in future years. The initial increase was a one-time response to the new requirements of the law, especially the addition of lots of sicker people to the insurance pool. In the future, given the competition between insurance companies, increases are likely to roughly match the rate of health care inflation.

4. Given supply side constraints, how much did ACA increase the consumption of health services in the United States?

We don’t know yet. But obviously the answer is that, yes, any kind of universal health care entitlement will increase consumption. Once again, though, look at Europe. We have decades of experience in lots of different countries with a wide array of different forms of universal health care, and in every case health consumption is lower than in the US. There may well be birthing pains associated with Obamacare, but in the longer run there’s simply no reason to think that it inevitably has to lead to a significant increase in consumption.

5. How much of the apparent slowdown of health care cost inflation is a) permanent, b) not just due to the slow economy, and c) due to ACA? Or how about d) the result of trends which have been operating slowly for the last 10-20 years?

Obviously historical evidence is never conclusive, but the historical evidence we have points very, very strongly to a permanent slowdown. There’s a lot of variability in medical inflation, but one of the most underreported trends in health care reporting has been our steady, 30-year-long decline in medical inflation. There’s no special reason to think this is suddenly going to change.

If I were allowed only one answer to all these questions, it would be this: Just look at the rest of the world. Health care is not an area where we’re confined to econometric studies and CBO models. There are dozens of countries that have implemented national health care in dozens of different ways, and we can look at how they’ve actually done in the real world. Almost universally, the answer is that they’ve done better than us on virtually every metric. Unless you really, truly believe that the United States is a unique outlier to the laws of economics, there’s very little reason to believe that national health care in America would fare any worse.

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Obamacare is Working, and It Will Probably Continue to Work

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