Wednesday, June 26, 2013

U.S. S.Ct. Gay Marriage Decisions

The U.S. Supreme Court handed down its two long-awaited decisions on gay marriage today.  In the federal Defense of Marriage Act (DOMA) case (U.S. v. Windsor)  it ruled the main part of the statute unconstitutional under equal protection and substantive due process.  Kennedy jointed the 4 liberals to make up the 5-Justice majority.  Based on Kennedy's prior votes (Roemer v. Evans and Lawrence v. Texas) which were both "pro-gay," this was not a surprise.  This decision was foreshadowed in part by former Justice O'Connor's concurring opinion in Lawrence.  I agree with this opinion, it enhances both liberty and equality.   It is consistent with prior decisions (e.g. Roemer and Lawrence) and my cautious libertarianism

In the Calif. Prop. 8 case (Hollingsworth v. Perry) the Court held that the anti-gay marriage parties did not have standing to appeal the Calif. U.S. District Court  decision holding that the Calif's anti gay marriage proposition  8 was unconstitutional.  /That lower court decision stands.  Prop 8 is invalid and gay marriage will move ahead in Calif.  The end result is consistent with the result in Windsor.  I agree with the result.

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