Wednesday, June 26, 2013
Supreme Court and DOMA, an Oxymoron
As you have probably heard that today June 26, 2013 the Supreme Court nudged the nation toward broad recognition of same-sex marriage rulings hailed by advocates as a "joyous occasion".
Voting 5-4 in each of two decisions, justices threw out part of a law that denied hundreds of federal benefits to same-sex couples and cleared the way for gays and lesbians to once again marry in California.
The divided high court also handed a victory to same-sex proponents when it cleared the way for gay and lesbian couples to marry in California, Dismissing an appeal to the state's voter-approved Proposition 8 that banned such marriages. The 5-4 decision avoids, for now, a sweeping conclusion on whether same-sex marriage is a constitutional "equal protection" right that would apply to all states.
Where all this heads is that the High Court is leaving the States to determine same-sex marriages, which is an oxymoron. The State of California already voted against same-sex marriage and the 9th Circuit U.S. Court of Appeals determined that Proposition 8 to be revoked. The U.S. Court in California determined same-sex marriage, not the people of California. The High Court is now bypassing the Constitution by the people, it is not the courts but the people who determine, except in California. One judge determines, and the people have no more say. The Constitution is now buried and trampled on.
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