Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

31 May 2012

DOMA RULED UNCONSTITUTIONAL BY U.S. 1ST CIRCUIT COURT? NOT SO FAST...

MSNBC has the same story everyone else does, saying that DOMA is struck down:
A federal appeals court has ruled that the Defense of Marriage Act, a law that denies a host of federal benefits to same-sex married couples, is unconstitutional.
Not so fast! It's true as far as it goes, but this one's going to the U.S. Supreme Court, and we know the rotting composition of that fallen branch of government.

Second, the U.S. 1st District Circuit Court of Appeals ruled against FEDERAL discrimination against same sex marriage. What's absurd in this road show is that the actual constitutional language that bears on the law was never at issue. I speak of course of the "full faith and credit" clause, which binds states to recognize the acts and proceedings of other states.

I know, I know. We'll get the usual, "This one helps the cause, because it heaps up more arguments on our side." Yes, but this particular Supreme Court has an absolutely dismal record of applying law and logic to much of anything that appears to be a political issue. Socially just they are not. So, let's be ever hopeful, but watch with caution.

So, hurray, a bit, maybe, sort of... Again, where are these "strict constructionists" when the word-for-word reading of the constitution would simply make same-sex marriage instantly, as in NOW, legal throughout the land? Thunderous silence.

So, pop only yesterday's flattening champagne and make a mimosa. Leave the new bottle on the shelf.

See also: MITT FUNDED OPPOSITION TO MARRIAGE EQUALITY


07 February 2012

Californians Foolishly Celebrate Victory Over Prop 8

In a haze of folly, California's anti-Prop 8 forces today swooned over a prematurely declared victory over Proposition 8. Alas, this just means the case gets bumped from the 3-judge panel of the circuit court to the entire 11-judge body. Then it will go to the U.S. Supreme Court, where it's anyone's guess whether simple logic can prevail. It hasn't so far (see Citizen's United).

On the bright side, perhaps same-sex corporations will be allowed to marry.

Yes, yes, I know the argument here: more heaps of paper with eloquent reasoning will eventually tip the balance. Maybe, but not usually, and not so far.

Again, always happy to be surprised.