DOMA Is Dead

Justice Kennedy sided with the liberal justices this time, and DOMA is done. So is California’s Prop 8. This was a good day for marriage equality.

33 thoughts on “DOMA Is Dead

  1. Again.. I haven’t seen the breakdown of the vote.. but however Scalia voted I know how his appendage voted. Mary had a little lamb?

  2. Actually, on Prop. 8 Scalia and Thomas differed (for once), but it was a decision based on procedural issues, not the merits of the case.

  3. I wonder if the release of these rulings weren’t timed. Give the crappy ruling on the VRA yesterday, and then quell the furor with the more progressive rulings on marriage equality today.

  4. On prop 8 Scalia did a last minute switcheroo in an attempt to ditch his shadow. He succeeded. Thomas voted first thinking they could fool the public into thinking they are independent entities rather than a unit by having Scalia follow Clarence’s vote, but Scalia saw his chance to solidify the perception that they can think independently , and he voted opposite of Clarence’s already cast vote.
    It was a meaningless vote anyway because DOMA already went down in flames, so nothing was lost in the parting of their unity. What God has joined together, let no public perceptions put asunder.

  5. “Jesus Wept” “May He forgive us all”

    Oh Mikey it’s OK you can come out now!

  6. “The decision means married couples will be treated equally by the federal government regardless of their sexual orientation”

    What does it say about us that we need the supreme court to make that decision?

  7. It seems some on the right are taking this a little personal, from a commenter on my favorite comedy news site The Blaze:

    “My wish for this once fine country is for it to be destroyed utterly. To be erased from the pages of history and never to be remembered by any who come after us unless it is to be compared to Sodom and Gomorrah in reference to the completeness of our depravity and moral collapse and our destruction at the hand of God. For the first time in my life I despise my country.”

  8. Glenn Beck and Rand Paul are already speculating about sex with animals. It is amazing what those guys want to do! If this is the first thing that comes to mind with them, I think maybe we should outlaw sex with nut cases.

  9. Glenn Beck and Rand Paul are already speculating about sex with animals.

    Lock up yer critters!

    What’s really sad is it means Beck and Paul equate gay humans with animals.

    • Glenn Beck and Rand Paul are already speculating about sex with animals.

      Now Rick Santorum can finally marry his dog.

  10. Based on his looks, and his greed, if Glenn Beck had a human-animal hybrid child, it would be a Red Panderer.

  11. If they were serious about defending marriage they should have focused on economics. From my experience the greatest threat and assault on my marriage came in the area of finances.. There’s nothing like the feelings of inadequacy of not being able to provide as a man to drive a wedge into the heart of a marriage.
    I can’t speak for all men, but I’ve seen many men deal with that assault by shutting down communication with their spouse and going on the offensive by blaming her and her needs as the cause for that assault.

  12. It’ll take a bit longer here in NC, where the GOP pushed through a sneak amendment to the state constitution during a primary election, where there was no turnout to spreak of. That said, if I were part of an LGBT couple, married in any state, living in NC, you can bet I’d file my state returns jointly and see if the state had the cojones to take me to court over it.

  13. JM – thanks for bringing up the filibuster. I want to send that state senator a “You are freakin’ amazing!” card or something.

  14. I sometimes wonder why we don’t see more First Amendment arguments in favor of abortion rights and same-sex marriage. Did that come up in any way in the DOMA decision? I don’t know of any arguments against either abortion or same-sex marriage that aren’t based in religion when you get right down to it. So I would argue that to tell a same-sex couple they can’t marry, or to tell a woman she can’t have an abortion, is to interfere with their freedom of conscience.

  15. Stephen Stralka – I checked, and the Establishment Clause (“Congress shall make no law respecting the establishment of religion”) didn’t appear in the DOMA decision… at least not in the syllabus, which states: “DOMA’s principle effect is to identify and make unequal a subset of state-sanctioned [my emphasis] marriages.” The decision cites the Due Process clause from the Fifth Amendment instead: (“no person shall be deprived of life, liberty, or property, without due process of law”).

    I always thought DOMA blatantly violated the Establishment Clause, but the case just decided (U.S. v Windsor) involves federal spousal economic benefits, so I guess the direction the decision took makes sense.

    Jeez, I just went full paralegal-nerd right there, didn’t I? Sorry.

  16. joanr16 ..You’re forgiven. But it is best to leave the heavy thinking in the man’s realm where God intended it to be.

  17. I myself have read some of John Marshall’s landmark decisions on my own initiative. In my spare time. For fun.

  18. Ginny says she’s gonna twerk for Clarence tonight to take his mind off his judicial defeats.

  19. Another classic from the reality challenged Blazers:

    “I was just wondering…can I marry my sheep if I love him? I mean, it’ll just be a matter of time before that will be legal too. Why wait? Plus, he’s really cute. I also want him on my Obamacare, and he just said he wants a free phone too!”

  20. After the Supreme Court decisions yesterday, I heard part of a discussion on NPR. (the barn radio again) They mentioned how various resorts, hotel chains and other businesses had filed amicus briefs supporting gay marriage. This was followed by demographics. Gay couples tend to be more affluent than average and tend not to have children, so therefore have more disposable income. This translates into legal and discreet political support for gay marriage from a body of businesses who basically support them because they are part of their “market”. So, the “free market” comes down on the right side, for the wrong reasons. This is precisely why we need to call upon other means to make similar decisions.

    In the space of a day before another Supreme Court decision, gutted the Voting Rights Act. The glorious Free Market seemed comparatively silent on this issue. I wonder why.

  21. It is best to leave the heavy thinking in the man’s realm where God intended it to be.

    I’ll be good! (Thinking is rare with me anyhow.)

  22. Swami thanks for the link, Poor Ross Doushbag, he writes:

    versus the extent to which they decide to use every possible lever to make traditionalism as radioactive in the America of 2025 as white supremacism or anti-Semitism are today”

    Classic teabagger ritual, when your losing an argument compare the left to the NAZI’s and or the KKK!

  23. “Traditionalism” being Mr. Doubtthat’s code word for “homophobia.” He’s got to have his little mask… too bad it’s way too small for his fat head.

    Yes, homophobia should be radioactive. There’s a reason it’s so readily compared to white supremacism and anti-semitism.

  24. Yes, homophobia should be radioactive

    Joanr16, I found his comparison odd, it could be construed that he longed for the good old days when white supremacy and anti-Semitism were tolerated? I long for the good old days when bigots actually admitted they were anti-Semites and white Supremes!

  25. Doubtthat doesn’t seem to realize that what they are experiencing is just pushback against their homophobia…and hypocrisy.

    Although he originally voted for the Defense of Marriage Act in 1996, former U.S. Rep. Mark Foley celebrated the Supreme Court ruling that overturns denying federal benefits for same-sex couples.

    “Obviously I think it’s a very, very good ruling by the court,” Foley told The Palm Beach Post. “It’s one of the votes I wrestled with at the time. That was a tough vote … a real gut-wrenching vote”

    Oh, and don’t forget Larry Craig.. If he was allowed to enter into a same sex marriage he wouldn’t have to seek emotional fulfillment and sexual gratification in public restrooms.

  26. “Oh, and don’t forget Larry Craig.. If he was allowed to enter into a same sex marriage he wouldn’t have to seek emotional fulfillment and sexual gratification in public restrooms”

    I think good Ol’ Larry was just freaky like that!

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