This post was originally posted at FRS FreeState Plus
If you are a true believer in states rights and just don’t just use that term to push your partisan ideological agenda, but then disagree with states rights when a law is passed that you disagree with, then you should like this decision whether you are personally in favor of same-sex marriage or not. Because this is a pro-federalist position, because it says that marriage is still a states issue. That the Federal Government has no business in interfering with how states regulate marriage.
If you are a defender of the Equal Protection Clause which I clearly am as a Liberal, then you should like this decision, because it says that government state or federal can’t discriminate against people simply based on their sexuality gay or straight. That when you pass a law that says straights can get married, but gays can’t, you are judging people and giving them or denying them status based on their sexuality. You do not have to be a lawyer to figure that out, its pretty obvious.
The other thing I like about these decisions is that it does not create any new power for the Federal Government. It continues to limit the Feds which is where Justice Anthony Kennedy is on the side of the proponents of this decision. There are those on the Left let’s call them Progressives, who are looking for gay marriage to be the law of the land. In other words give the Federal Government the power to decide who can get married and who can’t. Rather than the states making that decision for themselves.
And then the courts would still be able to rule on the constitutionality of those decisions or not. Marriage is still a states issue and they can write their own marriage laws that would stand as long as they are within the United States Constitution. Which has been the true conservative position in this case. That marriage is a states issue and this is about federalism, rather than the Feds deciding who can get married and who can’t. So if you are a real Conservative like George Will or Ted Olson a lawyer in the Prop 8 decision, whose against Prop 8, then you should like this decision as well.
So I believe the Supreme Court hit a home run both on DOMA by ruling it as unconstitutional. But also saying that the court ruling on Prop 8 that overturned that gay marriage is still valid. Allowing Gays to continue to get married because Prop 8 is unconstitutional because it violates the Equal Protection Clause. While allowing for the people and states to continue to officially weigh in on same-sex-marriage. Just not giving them the last word necessarily.
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