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Posted

Stalkabully shitshowz aside, the VAWA just passed the House, a clear victory for social justice and common decency, and a welcome end to yet another manufactured crisis on the part of the GOP.

 

Yet another black eye for a back-to-the-past movement that already has all four engines on fire.

Posted (edited)

Aaannnd how about a two-fer?

 

The Obama Administration will file an amicus brief to SCOTUS in support of ending California Prop 8's gay marriage ban.

 

Kinda like what's happening here.

Edited by tvashtarkatena
Posted
Aaannnd how about a two-fer?

 

The Obama Administration will file an amicus brief to SCOTUS in support of ending California Prop 8's gay marriage ban.

 

Kinda like what's happening here.

 

My opinion will depend on how justice comes out on this - full bore or whimpy:

 

It is unclear whether the brief will take the position that it is unconstitutional for any state to ban same-sex marriage or whether it will only speak to the specific circumstances in California, where voters narrowly voted to end gay marriage in 2008.
Posted (edited)

Both represent an historical shift in policy, and any victory would be hugely welcome.

 

It would be hard to imagine a scenario by which a striking down of Prop 8 on equal protection grounds (one of two primary arguments) would have any other effect than to put any state with a marriage ban at risk of a similar suite with no real chance of winning. The other argument is one of due process - the state must show a compelling reason why it denies certain rights of marriage to gay couples.

 

The decision may split the difference by requiring states like California to recognize gay marriages performed elsewhere but not necessarily allow them to take place, but I don't see how that inconsistency would go unchallenged for long. Any decision is going to tear DOMA a new asshole.

 

 

Edited by tvashtarkatena
Posted

Hopefully the conservative block will not find a way to parse this to bits and limp the process along further. As usual, the court is playing catchup with social norms.

Posted

Well, we all know who's going to go for the one man/one women natural law thang. Here, originalism provides a ready excuse for religious bigotry.

 

The state failed to provide a link between denying same sex couples wedding licenses and bolstering the stability of the family in general when Prop 8 was struck down by the 9th Circuit. It's hard to see what they're going to do differently this time around, but hey, it's the Supremes. Anything goes, myan.

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