It seems quite possible the Supreme Court could act in such fashion as to lavoid announcing a constitutional right for same-sex couples to marry. And there is a reasonable chunk of the commentariat encouraging the Court to do just that. In my view, such a sidestep would be a big mistake becauseIt would put the Court in bed with stupidity, a place the Court can ill afford to be these days.
Of course, it’s not the State of Michigan itself establishing the threat, but rather the National Collegiate Athletic Association. “The NCAA has strictly limited the role you, as a Michigan Fan, may take with regard to prospects and student-athletes.” So the chill on Mark’s free speech works a bit like the scene we’ve all seen in the movies: the bad guy holds a gun to some terrified child’s head and says to a parent: “Keep your mouth shut or the kid dies.” It makes the parent think twice about exercising free speech rights to call the cops. The only variation here is that here the state actor issuing the warning isn’t the one holding the kid: the (supposedly private) NCAA is holding the kid.