Tuesday, February 10, 2015

Surrender: Marriage Equality a Done Deal?

Congratulations Florida, you're smarter than Alabama! Remember the confusion and lawsuits Florida avoided when Judge Hinkle reminded us that it wasn't his ruling which required the state to issue same-sex couples marriage licenses, it was the constitution?

Apperently Alabama didn't get the memo. I bet they'll get this one!

But while our most backwards state clutches tightly to its title, yesterday's SCOTUS rejection of Alabama's stay request seems to signal that marriage equality is all but a done deal. Even Clarence Thomas is ready to throw in the towel.
The U.S. Supreme Court's move on Monday to allow gay marriage to proceed in Alabama is the strongest signal yet that the justices are likely to rule in June that no state can restrict marriage to only heterosexual couples. 
Of the nine justices, only two - conservatives Clarence Thomas and Antonin Scalia - dissented from the court's refusal to block gay weddings from starting in Alabama. Gay marriage is now legal in 37 states. 
Thomas acknowledged in a dissenting opinion that the court's move to allow gay marriages to go ahead "may well be seen as a signal of the court's intended resolution" as it considers cases from four other states on whether same-sex marriage bans are permitted under the U.S. Constitution. Although only two justices publicly dissented, the court order did not reveal whether any other justices voted to grant the stay. 
Oral arguments in the cases, which are expected to result in a definitive nationwide ruling on the matter, are due in April with a decision expected by the end of June.
Gay rights groups shared Thomas' view. 
Sarah Warbelow, Human Rights Campaign's legal director, said the justices' action on Alabama "has telegraphed there is virtually zero risk that they will issue an anti-equality ruling this summer." 
The group also told same-sex couples in the 13 states where gay marriage is still banned to "start your wedding plans now."
I'm a dreamer but I have no hope whatsoever that Scalia and Thomas will ever see the light of day on marriage equality. But the fact that they were the only ones to sign on to the dissent of Alabama's stay request does make me think Alito and Roberts may be ready to get on the right side of history. Come on guys, you can do it!



Anonymous said...

That's like being skinnier than Roseanne.

Godwhacker said...


Good one!