Wednesday, June 26, 2013
Love and marriage
Today's rulings from the Supreme Court were surprisingly good, although the decision on Proposition 8 was a cowardly punt rather than a straightforward striking down. Coupled, however, with the decision invalidating the Defense of Marriage Act, the ruling against Proposition 8 means that California becomes a rich source of foot soldiers against the narrow definition of marriage. I may not be a lawyer, but I can read the writing on the wall.
DOMA is gone, so the federal government can no longer discriminate against duly married same-sex couples. The federal government can hardly attempt to deny marriage recognition to couple who marry in one state and then move to another. As long as the marriage is solemnized in a state (or D.C.) where same-sex marriage is legal, the same-sex couple's rights have to be recognized as portable. Could even an extreme ideologue like Justice Scalia argue that the couple's rights switch on and off, depending on the state in which they reside?
The most pessimistic in the anti-gay ranks are correct: Same-sex marriage has the force of history behind it and their struggle to keep prejudice enshrined in law is doomed. Let all people of good will celebrate.