Arkes, who was quoted by Levin.
Kennedy sought to pretend, and Chief Justice Roberts pretended to
believe him, that his judgment applied only to Section 3 of DOMA, in
which the Congress declared that, in federal law, “the word ‘marriage’
means only a legal union between one man and one woman as husband and
wife.” Section 2 of DOMA sought to support the authority of a state to
refuse to credit a same-sex marriage brought in from another state. It
sought to prevent one state from indirectly nationalizing homosexual
marriage, with the aid of the Full Faith and Credit Clause of the
Constitution. Justice Kennedy insists that the decision on Section 3
does not touch Section 2: It does not compel any State to recognize
same-sex marriage. But as Justice Scalia quipped in dissent, that claim
falls into the list of “bald, unreasoned disclaimer[s].” Kennedy’s
opinion will be hauled out in the cases to come to argue that the State
has no justified ground for refusing to accept same-sex marriage in its
own laws, or crediting the same marriages coming in from other states....
And the Prop8 decision is likely the worst since Roe.
...In Hollingsworth v. Perry,
the Court refused to recognize the standing of the backers of
Proposition 8 to defend that constitutional amendment in the courts.
Once the governor of the state refused to defend the amendment, the
backers of the amendment could claim no personal injury at stake in the
litigation. When a federal district court struck down Proposition 8, the
backers of the amendment had no standing to take the case into a
higher, appellate court, and that court, in any event, turned out simply
to confirm the holding of the district court....
legislature will take Justice Kennedy’s language in the DOMA case to
call into question the standing of Proposition 8 as a constitutional
amendment in California. And they may proceed then to legislate again to
establish and promote same-sex marriage....
Contra the somewhat optimistic take given by Esenberg/Sykes this morning, the two rulings combine to slap Nature (and Nature's God) right in the face.
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Revolt. Try. Hang.
its nothing wrong in trying the things.
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