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Falling Like Dominos!


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!

Comments

  1. Happy Valentine's Day, SFL, GB & GW,
    Hugs. :)

    ReplyDelete
  2. I love it when Scalia arms his opponents with all they need to refute him.

    ReplyDelete
  3. A beautiful quote from Judge Allen's opinion:

    Our Constitution declares that "all men" are created equal. Surely this means all of us. While ever-vigilant for the wisdom that can come from the voices of our voting public, our courts have never long tolerated the perpetuation of laws rooted in unlawful prejudice. One of the judiciary's noblest endeavors is to scrutinize laws that emerge from such roots. [...]

    Our nation's uneven but dogged journey toward truer and more meaningful freedoms for our citizens has brought us continually to a deeper understanding of the first three words in our Constitution: we the people. "We the People" have become abroader, more diverse family than once imagined. Justice has often been forged from fires of indignities and prejudices suffered. Our triumphs that celebrate the freedom of choice are hallowed. We have arrived upon another moment in history when We the People becomes more inclusive, and our freedom more perfect.

    ReplyDelete
  4. Lovely 11:27, simply lovely!

    ReplyDelete

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