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SCOTUS Strikes Down DOMA, Skip Constitutionality

Kris Perry, Sandy SteirOh Goodie! Now plain girls and boys who throw funny can play with the rest of us. Etiquette tip: Try not to stare.

You knew Anthony Kennedy would lead on this, right?

Kennedy:

“DOMA violates basic due process and equal protection principles applicable to the federal government,” Kennedy said. “Under DOMA same-sex married couples have their lives burdened, by reason of government decree, in visible and public ways.”

“By its great reach DOMA touches many aspects of married life from the mundane to the profound,” he added. [Read more]

Mundane? There is NEVER a mundane moment in any gay relationship, girlfriend! One word: Suicide.

Oh, quit it!

Scalia’s Dissent:

“In the majority’s telling, this story is black-and-white: Hate your neighbor or come along with us,” Justice Scalia wrote in his dissent. “The truth is more complicated.”

If you think that’s complicated, Justice Scalia, imagine two guys trying it missionary style!

Justice Scalia argued in concluding his dissent that the question was one better decided by the people, through the legislative branch, than by the courts. He read from his dissent on the bench, a step justices take in a small share of cases, typically to show that they have especially strong views. [Read more]

WSJ:

Justice Scalia read parts of his dissent from the bench. He said the court shouldn’t have ruled on the Defense of Marriage Act at all, and he also said the court was wrong on the merits.

“By formally declaring anyone opposed to same-sex marriage an enemy of human decency, the majority arms well every challenger to a state law restricting marriage to its traditional definition,” he wrote. [Read more]

Scalia further says the ruling springs from a “diseased root: an exalted notion of the role of this court in American democratic society.”

Of course, when it came to the constitutionality of gay marriage itself SCOTUS wimped out. By dismissing the appeal on California’s Prop. 8 the Court effectively allows the lower courts to overrule something that is becoming quite novel these days: The Will of the People.

CNN:

Washington (CNN) — The Supreme Court has dismissed an appeal over same-sex marriage on jurisdictional grounds, ruling Wednesday private parties do not have “standing” to defend California’s voter-approved ballot measure barring gay and lesbian couples from state-sanctioned wedlock.

The ruling clears the way for same-sex marriages in California to resume. [Read more]

Isn’t this a little like no-score T-ball? I mean you know you can play the game, and the other guy couldn’t hit a wiffle ball with a tennis racket, but everybody just chooses to ignore it.

Okay, I’ll stop with the sports metaphors now. That are homophobic. Because if you’re not pro-gay marriage you are now definitely homophobic. Just like people who think that Muslim fundamentalists are intolerant are intolerant.

h/t Drudge Report

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