Did you hear the news? Virginia really is for lovers, especially the kind that want lifelong commitments! In just the last few months we've seen gay marriage bans fall like dominos in Utah, Oklahoma, Kentucky, and now Virginia. What gives? Talking Points Memo has some interesting thoughts here.
Adam Winkler, a professor at UCLA School of Law, who supports marriage equality, said that "courts today are finding in Windsor strong support for the idea that denials of marriage benefits are based in anti-gay attitudes, not valid public policy goals. The Court in Windsor purposefully avoided ruling on the constitutionality of a marriage ban, so it's not a matter of following [or] not following the Court. Kennedy purposefully kept the window open for courts to strike down marriage bans."
Scalia saw this coming. "In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today's opinion," he wrote in his barnstorming DOMA dissent. "As I have said, the real rationale of today's opinion ... is that DOMA is motivated by 'bare... desire to harm' couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status."I was originally quite happy with the Windsor ruling, but I'm even happier now. It wasn't as wide sweeping as I might have wanted, but it has apparently armed the lower courts with the guidance they need to end the injustice of discrimination against families like mine once and for all.
A big Valentine's Day hug and kiss to you all! Love truly is in the air!