The
New York Times reports that the New York Court of Appeals, the highest court in that state, plans to rule on marriage equality tomorrow. New York's high court is considered one of the most progressive in the nation, and it presides over a state where a majority of the residents support full equality for gays and lesbians. Only a third oppose allowing gays to marry.
So I am optimistic about tomorrow's decision, as I have been since I watched the case being argued only a month ago. I am optimistic because at oral arguments three of six judges appeared openly sympathetic to the pleas for equality, and because at least one of the more poker-faced judges has a reputation as a strong liberal. I'm am optimistic because the state's attorneys appeared that they wanted to lose this case, and I am optimistic because New York's Court of Appeals has a history of fairness, and there is only one fair outcome in this case.
But most of all, I am optimistic because of the very existance of the NYT piece linked above. Admittedly I do not practice in New York, so I know little about its courts' traditions and practices, but I have never heard of another case where an appeals court, knowing that they were about to hand down an important decision, leaked the date of that decision to the media. Appellate judges generally like to set themselves apart from the mire of politics and spin, and the simple fact that a judge would notify the media of an impending decision is itself big news.
With this in mind, I am predicting a victory tomorrow. The only reason I can imagine for a court to leak the date of a decision to the media is because they know they are about to make history, and they want to make sure the press is there to watch.