Friday, February 14, 2014

Virginia's gay marriage ban ruled unconstitutional: A perfect record for equality post-Windsor.


http://www.slate.com/articles/news_and_politics/jurisprudence/2014/02/virginia_s_gay_marriage_ban_ruled_unconstitutional_a_perfect_record_for.html

Last night, only days after hearing oral arguments in the case, a V
irginia federal judge struck down the state ban on same-sex marriage, writing unequivocally that “[t]radition is revered in the Commonwealth, and often rightly so.
However, tradition alone cannot justify denying same-sex couples the right to marry any more than it could justify Virginia’s ban on interracial marriage.”
The judge opened her opinion with the quote, above, from Mildred Loving, the plaintiff in the 1967 challenge to Virginia’s ban on interracial marriage.
She thus joined a unanimous and ever-expanding collection of federal judges who have chosen to answer the question left up in the air by the Supreme Court last Spring: Did the Windsor decision—striking down the federal Defense of Marriage Act—pretty much strike down gay-marriage bans as well?
to say someone offends you because of who they are is bigotry, to implement laws against those persons is tyranny not of gov't but of self intolerance, but it is the 6 in one hand half doz. in the other they who rant are doing what they claim dismay over  what they perceive the other as doing.
to bring God in well God also said to love thy neighbor, you can't use one of the same origin against another if so then you too are violating the law of God and therefore are a blasphemer,  now run tell that.
The first part is all about federalism, not equality. Kennedy painstakingly explained that the federal Defense of Marriage Act offended basic principles of states’ rights because, historically, the states have always defined marriage and the federal government just goes along for the ride.
By defining marriage for the federal government as only between a man and a woman, DOMA had infringed on the sovereignty of the states that define marriage otherwise, like New York did in Windsor,by including two women in its definition of marriage.
Justice Kennedy could have stopped there, but he didn’t. Instead, he wrote a second section all about equality. This part of the opinion found that the federal law was unconstitutional because it offended basic principles of equality.
With a purpose to harm same-sex married couples and a wide-ranging detrimental effect on their lives, Kennedy wrote, DOMA violated the constitutional principle that a law cannot be based on hatred toward any one particular group.
the scotus amazes me they make fair and balanced decisions like this and then lift the watchdog status of those racist states that practice voter suppression and say it no longer needs patrolling?????
ball of confusion this might me old but still relevant.