My thoughts on the Prop 8 and DOMA rulings by the U.S. Supreme Court

At first brush I consider they took a punt on the Prop 8l case. But in their dismissal of standing one thing that is obvious to me is that the bigots can no longer claim standing in states where voter initiative was used to write discriminatory laws. Precedence so to speak is present in there.

In the states that have Constitutional amendments I expect to see a number of federal lawsuits against sitting governors, legislators and the like and when they fail to defend the discriminatory law we win by default since the bigots can no longer claim any harm and therefore no standing in a federal case.

Here’s the Prop 8 decision:

Now on DOMA – I was pretty sure the court would affirm that it is unconstitutional. That they did it under the fifth amendment is interesting.

In case you’re not familiar, here’s the text of the 5th with the relevant element in bold.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

 

Here’s the DOMA Decison:

 

Life, liberty and property. Does that ring a bell for anyone or did you forget about the Tradition, Family and Property (TFP) dolts.

I find that very interesting that the court chose to go this route. It was in my opinion the easy way out. But it’s effective since it demolishes section 3 of the DOMA law, and therefore most of the DOMA law by default. It is a serious offense to deny a citizen of the U.S. rights to life, liberty or property. It’s an idea that extends from the foundational document of the United States, the Declaration of Independence itself.

But in the end summation what the Supreme Court did was to setup thirty-seven  little legal challenges to discriminatory laws and amendments that will resonate onward for a few years.

And of course the bigots at NOM are going a little crazy. It’s because they know this is the end of the line for them. They’ve tried the legislative route and by and large been successful at hoodwinking the public some 31 times. But that tide has turned. They’re on the ropes.

So congratulations to California – marry at will. And to the rest of us we can now marry the person of our choosing in New York,  Connecticut, Rhode Island, Massachusetts, New Hampshire, Maine, Vermont, Minnesota, Iowa,  Delaware, D.C., Maryland, and Washington and have it RECOGNIZED under some eleven hundred Federal law;. Things like inheritance taxes, survivor death benefits, and a whole host of tax benefits.

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