As I discussed on CNN, I was most struck by the more small minority of justices on the Court that view such laws as justified on morality grounds. That view is now argued almost exclusively by Justice Scalia and Justice Thomas.
Kennedy’s decision is a sweeping victory for the equal protection of couples regardless of gender. He writes:
By creating two contradictory marriage regimes within the same State, DOMAforces same-sex couples to live as married for the purpose of state law but unmarried for the purpose of federal law, thus diminishing the stability and predictability of basic personal relations the State has found it proper to acknowledge and protect. By this dynamic DOMA undermines both the public and private significance of statesanctioned same-sex marriages; for it tells those couples, and all the world, that their otherwise valid marriagesare unworthy of federal recognition. This places same-sex couples in an unstable position of being in a second-tier marriage. The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, see Lawrence, 539 U. S. 558, and whose relationship the Statehas sought to dignify. And it humiliates tens of thousands of children now being raised by same-sex couples. The law in question makes it even more difficult for the children to understand the integrity and closeness of their own family and its concord with other families in their community and in their daily lives.
Scalia was equally passionate. Indeed, when Jake Tapper noted on the air with me that he hasn’t seen a dissenting opinion with this type of heated language, I almost added “since the last Scalia dissent.” Scalia was at his signature best of venting his anger:
That is jaw-dropping. It is an assertion of judicial supremacy over the people’s Representatives in Congressand the Executive. It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and every- where “primary” in its role.
The Proposition 8 decision was a win by default for the couples on standing grounds. However, it effectively kills everything on the docket after the district court order. That leaves the state open again for gay marriages.
Here is the decision in Windsor: 12-307_g2bh
Here is the decision in Hollingsworth: 12-144_8ok0
Bron, the gay/bi justices include Roberts, Kagen, and Sotomajor.
Let me repeat for those who do not understand or for those who refuse to understand the SCOTUS. BIG BUSINESS rules the SCOTUS. The justices are merely justitutes in the service of Big Business (and its Partner, Big Government). Among the many big businesses supporting same-sex marriages (“SSM”) are Amazon, Microsoft, Google, Apple, Mastercard, and ALL of the major Banks.
Sure, there are some businesses that oppose SSM, like Chick-fil-a, but they are strictly small potatoes. I’m talking BIG business, not the small-fries. There are many reasons that Big Business benefits: many of the top executives and staff members are homosexuals, lesbians, or bisexuals; the homosexual lobby is a very powerful one and even controls certain entire governmental units, such as ICE. But most of all, it helps the bottom line of big business.
As for those who talk of additional benefits being a cost of business, that is not a real factor for BIG BUSINESS. Small businesses, maybe, but not the big ones. Benefits are merely part of wages that employees would otherwise receive. They are NOT “freebees,” but are built into salaries. If Big Business has to pay more for benefits, they will simply take it out of salaries or make other adjustments.
Again, the decisions and the scope were 100% predictable by those who understand who the SCOTUS reports to and how they reach their decisions. All the other posturing and pontificating (by such justitutes as Scalia) is strictly for show. EVERY SCOTUS decision is reached to benefit Big Business and/or Big Government. ALWAYS.
If any SCOTUS decision should be pending on any matter whatsoever, all you have to do is to figure out “cui bono?” and you’ll know which way the SCOTUS will go.
The Supreme Court just struck down the Voting Rights Act of 1965. This Act took virtually a hundred years from the Civil War to effectuate 15th Amendment to the Constitution. Look the story up on ScotusBlog, Apparently the case will not get any traction here on Turleyblog and the case does not measure up to the gay marriage issue.
How many bubbles in a bar of soap? Shelby County literacy test.
And the Supreme Court also said that Congress does not know its a from a hole in the ground when it comes to state discrimination in voting rights.
Ralph:
where have you been? I have missed your wit and wisdom.
Which ones are gay/bi?
Ralph,
Considering this case likely paves the way for disallowing companies to deny benefits to same sex couples – which costs them money – exactly how does this operate on behalf of big business?
One thing will always confuse me.. why does what people do in their personal lives apparently affect so many others ex. what does what 2 adult woman who are in a relationship affect the lives of those in a heterosexual relationship? are they paying their bills? why exactly are people opposed to gay marriage? and please leave out the part about what the bible says. the bible was written and rewritten by fanatical clerics and po lie tricksters for their own benefit. especially seeing how those who know of skull and bones.know exactly whats that all about. along with other things. it amazes me that the same people opposed to same sex marriage are still apparently involved heavily with the catholic church actually with any organized religion i mean its all over the place about the CHILDREN who were abused by priests,popes,pastors,deacons, etc the young girls who faced single parent hood and excommunication because they were impregnanted by those who run organized religion. with all of that said.
I still dont see who i decide to love is the business of any one else… especially the scotus
Nick,
I released venom on Scalia because I loathe the man. Politically I don’t agree with Roberts or Alito but I feel neutral about them personally. Thomas I feel is corrupt but he doesn’t anger me. With Scalia it is personal because I personally see him as a self satisfied hypocrite. Politics is normally not a personal thing for me. It only gets really personal on a broad scale. When I think about the misery some people inflict upon many it makes me angry. When I express myself here it is with passion that at times approaches anger at what I see as injustice. However, most people who know me never see that side of me. I try never to talk politics with friends or acquaintances unless we’re on the same page and then rarely. Why bother? Most times I won’t change anyones mind. So while most people who know me understand my politics it is not a distraction.
Most of my friends and acquaintances see me as I am which is laid back.
In company I’d much rather listen than talk. I like to understand where people are coming from and what their experiences of life are. Most of all I like to have fun. My Father used to criticize me because I turned everything I did into play. The H.S. yearbook committee wrote “Mike thinks that life is a snap of his finger’s” and they weren’t that far off. Contrary to what you may believe about me I don’t take things to seriously, least of all myself. If I could be any animal it would be a Bonobo. Overall as I’ve said about myself before I love people but hate humanity as a whole. There is too much cruelty in this life for me to ignore it, but if I didn’t let that thought go most of the time I’d be unhappy. As it is this is the best time of my life.
RobinH,
Why people are so interested in others sex lives mystifies me as well. Just as emotionally I don’t get why men get so threatened by Gay men. I’ve had many gay friends and even some who came on to me and I found that flattering. In my single days my Lesbian friends were confidantes since we all had the same sexual interests. Gay, straight, Black, White its all the same humanity. DOMA’s passing is a wonderful thing for all of us, though some don’t see it that way and I wonder what scares them so much?
The decision and the scope was 100% predictable and was only a surprise to those who do not understand or refuse to understand how the SCOTUS operates. The SCOTUS operates on behalf of big business and big government. So for any case before the SCOTUS simply ask “cui bono?” and all will be clear. Big business is very much behind promoting same-sex marriages and in helping them to become economically stronger. Big government also benefits because it will have to get even bigger to deal with the multi-state differences. At least three members of the SCOTUS are homosexual or bisexual, but that has little to do with the decision. The justitutes take their marching orders from their corporate masters.
Quite the fractured week on Fractured Flickers.
Scalia is not at all a stupid man and he is very smart. He is though a supremely arrogant and ignorant man. His ignorance is his inability to see that he will twist any logic to arrive at his political pre-judgments, his lack of self awareness and his smug belief that anything he does is right. These tendencies are clearly shown in his dissent. Where is the “originalist” champion of States Rights in that dissent. We see instead a childish petulance that his own limited views of morality have lost the day.
Quote of the Day: Nobody Cares About Federalism
From Justice Anthony Kennedy, writing for the majority in United States vs. Windsor:
In a nutshell, Kennedy says the Constitution doesn’t forbid states from banning same-sex marriage. But if a state allows same-sex marriage, the federal government can’t refuse to recognize it. Marriage is a state concern—in fact, it’s literally a textbook example of a state concern—not a federal one. Taken as a whole, this ruling was as pure a defense of federalism as we’ve seen in a while.
So why did all the conservative justices oppose it? Answer: Because no one actually cares about federalism. It’s merely a convenient veneer when you prefer one outcome over another. Yesterday state sovereignty was of crucial concern when conservatives gutted the Voting Rights Act. Today, they couldn’t care less about it.
And to think Clinton signed this DOMA stuff…
President’s statement on DOMA
Statement by President Bill Clinton
On Friday, September 20, prior to signing the Defense of Marriage Act, President Clinton released the following statement:
Throughout my life I have strenuously opposed discrimination of any kind, including discrimination against gay and lesbian Americans. I am signing into law H.R. 3396, a bill relating to same-gender marriage, but it is important to note what this legislation does and does not do.
I have long opposed governmental recognition of same-gender marriages and this legislation is consistent with that position. The Act confirms the right of each state to determine its own policy with respect to same gender marriage and clarifies for purposes of federal law the operative meaning of the terms “marriage” and “spouse”.
This legislation does not reach beyond those two provisions. It has no effect on any current federal, state or local anti-discrimination law and does not constrain the right of Congress or any state or locality to enact anti-discrimination laws. I therefore would take this opportunity to urge Congress to pass the Employment Non-Discrimination Act, an act which would extend employment discrimination protections to gays and lesbians in the workplace. This year the Senate considered this legislation contemporaneously with the Act I sign today and failed to pass it by a single vote. I hope that in its next Session Congress will pass it expeditiously.
I also want to make clear to all that the enactment of this legislation should not, despite the fierce and at times divisive rhetoric surrounding it, be understood to provide an excuse for discrimination, violence or intimidation against any person on the basis of sexual orientation. Discrimination, violence and intimidation for that reason, as well as others, violate the principle of equal protection under the law and have no place in American society.
I think I heard some noise about Rand trying to shore up his voter block…. Maybe a nationwide bid is not to far off….
Finally. The obvious is now the law of the land. Sad that it took this long. While I am glad to see this, it is not in a sense a victory, but a restoration of what should have been there to begin with. The right was there all along. It’s just our gov’t chose to deny it.
Neither are much of a great Supreme Court Justice either.
Thanks to all for a calm analysis on Scalia, someone I know you dislike to hate. Elaine’s take on his having to be “the smartest guy in the room,” is a common pathology for judges, pols, etc. However, those who are “in the room” w/ him most, don’t seem to have that take on him. We get brief glimpses of these justices, usually on C-Span. My take is not so much that he needs to be the :”smartest guy,” he seems pretty comfortable w/ himself. My take is more he doesn’t suffer fools or foolishness very well. And, as a SC justice, you are in an enviable position of not having to do so very often. But, when being interviewed, or taking questions from the audience, you are exposed to stupidity. Nino seems to handle the stupid, grammar school, etc. questions sort of like Ted Williams did. Neither were politicians or diplomats.
This is good news. It’s probably just a coincidence but my nephew got married today by proxy in Brazil. They are both going to Belgium b/c his new husband can’t get a visa for the US or if he can, it will just take too long. We’re all thrilled that they will be going together.
nick, I don’t know how anyone could consider Scalia stupid. He was summa from Georgetown and magna from Harvard law. As a son of Italian immigrants he had no legacies or other advantages to trade on.
Elaine,
In thinking about it, I fairly certain I’ve never heard anyone in this forum claim Scalia was stupid. Bob, who has called Scalia Satan among many other things, has never even called him stupid.