Discussion for article #222966
That’s 0 for 13 since the Windsor decision, Reichwing Bigot Brigade. God, apparently, does not hate fags. But he might hate you.
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See, the thing is, Windsor doesn’t actually leave room for any other interpretation. The Supreme Court didn’t quite go there, but Scalia was right when he said these rulings would follow. (As they should, which was not his point, but nonetheless).
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When Kennedy couched his opinion in Equal Protection language, the die was cast. Now we’re facing Full Faith and Credit issues too, which will only accelerate the universality of marriage equality.
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Yes! Took us a while but we got there.
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The fun one is that Judge Jones was nominated by George W. Bush at the behest of…then Senator Rick Santorum!
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Impeach Metcalfe!
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I imagine God, Allah, and the rest of the gang sitting around somewhere commiserating.
“Embarrassing, am I right? With followers like these, who needs satanic hordes?”
“Yeah, always blaming us for their idiotic beliefs. Ugh.”
America Wins Again!!
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Loser Corbett lost. How sad for him.
BTW, is it wrong that I’m smiling?
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Yeah, that’s what I jotted down and sent to Josh in his call for “What will the SCOTUS do?”.
I said that while I can’t claim to be a SOCTUS watcher or expert per se (other than being a fan and consumer of the SCOTUSblog’s work) I can see two basic paths this might play out.
In both scenarios I see the continued state level dominos falling until such time as a couple married in one of the states that do recognize same-gender marriages to move to a hold-out state, say Alabama, Texas or some other former-Confederate state where anti-gay and religious-“conservative” attitudes still hold a sizable portion of the electorate. Said couple then sues the state for failure to recognize their marriage. At that point, one of the two thing divergent paths occurs:
One, the case is strike down at the district court level using case-law that other district and appellate courts have already ruled (such as the Kentucky and Tennessee rulings) where the courts have ordered state officials to recognize out-of-state gay marriages. This path would leave an ever constricting jurisdictions where most same0gender marriages will be recognized through almost all states, but not recognized when perfumed within several hold out states.
The other is the court in say, Alabama, refuses to recognize out-of-state marriages, which would then present a full-faith and credit challenge and get kicked up to the appellate level (and potentially up to the SCOTUS) though I can see the appellate level killing an “Alabama” hold-out type of ruling.
Either path I don’t see a clear “Loving v. Virginia” scope ruling (the 1967 ruling which rendered all anti-miscegenation laws dead letter) that with a single decision renders any and proscription against same-gender marriage (in-state or out-of-state) dead-letter in a single ruling.
Windsor almost went that far, but pulled short of, and seemed to intentional steer clear of the full-faith issue which would have made it full analogue to the Loving decision.
Anyway, just my 2/100ths of a farthing, for what it’s worth
If smiling is wrong then I don’t wanna be right!!!
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Those poor, rights-violated conservative religious folks…how will they ever cope?
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Whoa! I thought the trial itself wasn’t even scheduled till June 19th. What the hell happened?
BTW, for those of you who don’t remember, Judge Jones is a hero for those of us in the reality-based community. He was the judge who declared “Intelligent Design” unconstitutional in the famous Dover case in '05.
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“When you’re smiling…
When you’re smiling…
The whole world smiles with you!”
Damn. That would have been a great treat on my 50th birthday (June 19th).
TPM:
Pennsylvania was the last remaining state in the Northeast to outlaw gay marriage.
Outlaw gay marriage? What were the sentencing guidelines?
I’m having visions here of headlines like Gay Marriage Outlaw Strikes Again! Thirteen Wilkes-Barre Couples Criminally Gay Married Against Their Will!
Seriously, gay couples who married out of state weren’t sent to jail or fined when they returned. Ban, or that refused to recognize, gay marriage would have been a better choices than outlaw.
In his decision, Jones says the case passes all four tests to apply heightened scrutiny.
Judge Jones’ conclusion:
We are a better people than what these laws represent, and it is time to discard them into the ash heap of history.