Utah federal judge strikes down state's ban on same-sex marrage.

"A federal judge struck down Utah's same-sex marriage ban Friday in a decision that brings a growing shift toward allowing gay marriage to a conservative state where the Mormon church has long been against it."  Folks, the handwriting is on the wall.  Prohibitions on gay marriage are dinosaurs.  Gay marriage is here to stay, socially and legally.

Gay Marriage Marches On! (Maryland approves it)

A number of states have approved gay marriage.  Approval in Maryland is especially noteworthy as it it is the first state south of the Mason-Dixon line to approve.   The U.S. Supreme Court may make it nation-wide when it decides it decides it's gay marriage cases this term.

More on the Supreme Court's gay marriage cases

At this point, my predictions on the 2 gay marriage cases at the Supreme Court are 5-4 striking down DOMA (in Windsor v. U.S.) and requiring that states recognize gay marriage (Hollingsworth v. Perry--the Prop. 8 case). The precedents, e.g. Loving, Romer, Lawrence v. Texas, etc) all suggest that result (as did O'Connor's concurring opinion clearly did in Lawrence).   Kennedy will be the swing vote.  His prior rulings in Romer and Lawrence suggest that is the way he will vote.  However, Roberts fooled us in the Obamacare case and there is always the possibility that Kennedy will surprise us.
Many are hoping for sweeping, clear-cut rulings in the 2 gay marriage cases the Supreme Court will hear.  However, there could be some procedural and other issues that the Court could decide without giving us blockbuster rulings. In other words, the Court could "punt."

Supreme Court preview

The U.S. Supreme Court started its new term a few days ago.  Here's a preview of some of  the big cases they have decided to hear.  The affirmative action and gay rights case are sure to cause controversy no matter how they are decided. I certainly hope they will add a Second Amendment case.  A more complete list of cases accepted for review so far is here.

9th Circuit Overturns Calif. ban on gay marriage 2-1.

Not unexpected. Given existing precedents, Lawrence, Roemer, etc., this is the correct constitutional result.

Reflecting on the Fourth of July

As we celebrate the 4th of July, please take a moment to reflect on where we came from and where we are now. The two main complaints of the rebellious colonists were lack of representation in Parliament and deprivations of liberty. We now have representation, but I’m not so confident about our liberty. As noted before, constitutional liberty is under constant attack from both the political left and right. I’ve been taking lots of shots at the liberals, but they hold the White House and during Democratic dominance in Congress passed lots of constitutionally questionable legislation. Let me try to add some balance to this debate. In the spirit of constitutional rights, I call upon my friends on the Right to end their opposition to lawful gay marriage. Like it or not, our courts or legislatures are eventually going to require recognition of it. Gays are human beings like everyone else. Even if you personally think they are sinful, the Constitution, not your religion, is the supreme law of the land. No one can require you to go to the ceremony or personally recognize the union. People have got to remember that they have no right to have their beliefs enacted into law when it conflicts with the Constitution. I respect everyone's freedom of religion, but, America is not a theocracy. Don't use your religious freedom as a weapon to destroy the freedom of others. I call upon my friends on the Left to end their opposition to granting law-abiding, competent adult citizens their Second Amendment rights to keep and bear arms. Second Amendment rights are not absolute, but they deserve as much or more respect than anything else in the Bill or Rights. Guns do not cause crime. Gun control will not reduce crime as those intent on violent crime will always be able to obtain a gun on the black market. We cannot even attempt to strictly control guns without violating other rights in addition to the Second Amendment (e.g. due process, self-incrimination, search and seizure). Guns are used for lawful self-defense as much or more than for crime. People have a natural law right to defend themselves. Depriving people of guns for defensive purposes is a burden that falls most heavily on the poor and minorities who tend to live in high crime neighborhoods. The wealthy with their security guards and high-tech security systems in their gated communities and high-security high-rises see no need for defensive arms. Further, if we take away people’s Second Amendment rights, what kind of precedent does that set? Let’s join together and start respecting everyone’s liberties—not just the liberties and people we personally like.