DOMA/Prop 8: States Win, People Lose "The Supreme Court's rulings Wednesday on the Defense of Marriage Act (DOMA) and Proposition 8 are being viewed as a limited victory for advocates of same-sex marriage--and also for federalism. The Court's decision to strike down DOMA means that a federal definition of marriage cannot trump a state definition, and that same-sex marriages in some states will be honored by others. Its decision to refuse to rule on Prop 8 means that lower court rulings against it will stand, effectively legalizing same-sex marriage in California."
Scalia's Blistering Dissent on DOMA "In a ripping dissent, Scalia says that Justice Anthony Kennedy and his colleagues in the majority have resorted to calling opponents of gay marriage "enemies of the human race." "
NRO: More Than Marriage Is at Stake Now "The Proposition 8 ruling is the most disturbing. Though the Court chose not to rule on the merits, it did establish a terrible precedent, ruling that citizens who pass an initiative do not have the legal right or standing to defend that law when elected officials refuse to do their job and defend the duly enacted law in court."
Justice Scalia on the DOMA decision. "In a blistering rebuke of the Supreme Court decision to overturn the Defense of Marriage Act, Justice Antonin Scalia said the self-governing power of the people has been eroded."
Volokh Conspiracy; Federalism Marries Liberty in the DOMA Decision "For now, federalism wins out in theory as well as in practice. States are free to define marriage as they wish (subject to Equal Protection and Due Process clause restraints), and the fight over “gay marriage” will continue in the states for years, as other litigation winds its way back to the Court. So far, this process of federalism has been beneficial to the cause of same-sex marriage in a number of respects, not least of which is the perceived legitimacy of same-sex marriage in states where it has been adopted by legislation or popular initiative. But whether this bodes good or ill for same-sex marriage, it is a visible demonstration that federalism need not be just for conservatives.
Supreme Court Clears Way for Gay Marriage in Calif
"The Supreme Court has cleared the way for same-sex marriage in California by holding that defenders of California's gay marriage ban did not have the right to appeal lower court rulings striking down the ban."
Obama Says He Won’t Force Christian Churches to Hold Gay Weddings… Not Yet Anyway
Catholic Bishops: Supreme Court DOMA Decision a “Tragic Day for Marriage and Our Nation” "Wait til Obama starts forcing Catholic churches to conduct gay marriages.
"The bishops will love that."
Left Coast Rebel: SCOTUS Rules Favorably on DOMA, Not Going Far Enough the Justices Tossed it Back To the States... " Unfortunately the "... several congressional Republicans — including Ohio Sen. Rob Portman — have endorsed same-sex marriage" are in the decided minority. Therein lies one the reason the republican party is rapidly losing much of the nation to the Libertarian Party and the Democratic Party."
Clinton Hails Supreme Court Overturning Law He Signed
Scalia's Blistering Dissent on DOMA "In a ripping dissent, Scalia says that Justice Anthony Kennedy and his colleagues in the majority have resorted to calling opponents of gay marriage "enemies of the human race." "
NRO: More Than Marriage Is at Stake Now "The Proposition 8 ruling is the most disturbing. Though the Court chose not to rule on the merits, it did establish a terrible precedent, ruling that citizens who pass an initiative do not have the legal right or standing to defend that law when elected officials refuse to do their job and defend the duly enacted law in court."
Justice Scalia on the DOMA decision. "In a blistering rebuke of the Supreme Court decision to overturn the Defense of Marriage Act, Justice Antonin Scalia said the self-governing power of the people has been eroded."
Volokh Conspiracy; Federalism Marries Liberty in the DOMA Decision "For now, federalism wins out in theory as well as in practice. States are free to define marriage as they wish (subject to Equal Protection and Due Process clause restraints), and the fight over “gay marriage” will continue in the states for years, as other litigation winds its way back to the Court. So far, this process of federalism has been beneficial to the cause of same-sex marriage in a number of respects, not least of which is the perceived legitimacy of same-sex marriage in states where it has been adopted by legislation or popular initiative. But whether this bodes good or ill for same-sex marriage, it is a visible demonstration that federalism need not be just for conservatives.
Supreme Court Clears Way for Gay Marriage in Calif
"The Supreme Court has cleared the way for same-sex marriage in California by holding that defenders of California's gay marriage ban did not have the right to appeal lower court rulings striking down the ban."
Obama Says He Won’t Force Christian Churches to Hold Gay Weddings… Not Yet Anyway
Catholic Bishops: Supreme Court DOMA Decision a “Tragic Day for Marriage and Our Nation” "Wait til Obama starts forcing Catholic churches to conduct gay marriages.
"The bishops will love that."
Left Coast Rebel: SCOTUS Rules Favorably on DOMA, Not Going Far Enough the Justices Tossed it Back To the States... " Unfortunately the "... several congressional Republicans — including Ohio Sen. Rob Portman — have endorsed same-sex marriage" are in the decided minority. Therein lies one the reason the republican party is rapidly losing much of the nation to the Libertarian Party and the Democratic Party."
Gay marriage unlikely to be a focus of 2014 elections "After the Supreme Court Wednesday struck down the Defense of Marriage Act and cleared the way for gay marriages to resume in California, GOP strategists said same-sex marriage will have a bit part in the midterms. Obamacare and the size of government will be a much keener focus."
Clinton Hails Supreme Court Overturning Law He Signed