many people who share the same country disagree in good faith, and are unlikely to be persuaded within our lifetimes. As I have argued at length, I think that the only workable compromise is not to try to force the creation of uniform national law when no national consensus on the morality of these issues exists. Instead, I believe that we should have an agenda of devolving as many of these social issues, as a matter of law, to as local a level as possible.
If we really want to devolve these questions – is abortion permissible? What about same-sex marriage? – to as local a level as possible, how about the individual? I can have my abortion, and my neighbor can opt for adoption (maybe by the gay married couple down the street).
Of course conservatives have all kinds of arguments about why my liberal choices will hurt my neighbor. And liberals have our own arguments about how our economic choices affect each other in a different way than our social choices (making it a good idea to ban $1/ hour labor but not condoms). But it’s just not true that a state is the most local level to which we can devolve decision making on charged issues.
Part of what gets lost amidst right-wing rhetoric about courts reaching down to take away Americans’ freedom is that in taking decisions away from state governments, actors that are bigger than particular states can uphold the autonomy of actors smaller than those states: individual Americans, who shouldn’t reasonably be expected to move from California to Massachusetts to get married because 52% of their neighbors don’t want them to.