http://news.yahoo.com/blogs/news/supreme-court-strikes-down-doma-140330141.html
[actually cries]
Umm...? That's happy for you? I thought you were for gay rights...
Supreme Court has struck down a federal law barring the recognition of same-sex marriage
I am happy about this....
Allow me to explain.... Justice Anthony Kennedy, speaking for the 5-4 majority, said DOMA was unconstitutional because it violated the right to liberty and to equal protection for gay couples.
He expressly, stated the court held DOMA was not only unconstitutional, but violated the equal protection clause of the Constitution.... This means not only the law itself but the spirit of the law is unconstitutional and other such laws advocating separate but equal treatment for gay individuals married in those few states that do allow gay marriage would likely be illegal.
Basically, this is the second strongest holding the court could've made in favor of GLBT individuals. Given that it was 5-4, and I didn't think they'd strike anything down, I'll take it. It is not equality. It is a step towards it and it is not another door slammed in the face....
Edit: Ditto with prop 8 ruling. The court punted and said no standing, because the proper authorities wouldn't enforce the law and somebody else couldn't come in and do that for 'em. It kinda sets a somewhat dangerous tone though, because what works one way might work for the other side. So, sexual/gender orientation still isn't a protected class, but then I never dreamed they'd go that far at this point. Though I'd say you get there through gender discrimination analysis, doesn't seem my view is popular enough. [shrugs]
Also, I somehow doubt it was a coincidence that the court delayed handing down the rulings until the anniversary of
Lawrence v. Texas which decriminalized homosexuality in the United States in 2003. Decided June 26, 2003.
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