BREAKING: DOMA UNCONSTITUTIONAL

[memphis]

Do states have to recognize marriages performed in other states now? This is obviously a step in the right direction, but this fight is far from over.

[memphis]

I'm pretty disgusted by the "states rights" defense of unequal marriage laws. Gays in Alabama shouldn't have unequal opportunities before the law just because they live in Alabama. I thought we learned this lesson in the aftermath of Brown.

[memphis]

I'm pretty disgusted by the "states rights" defense of unequal marriage laws. Gays in Alabama shouldn't have unequal opportunities before the law just because they live in Alabama. I thought we learned this lesson in the aftermath of Brown.

The 10th Amendment is cut and dry, and marriage is not mentioned in the Constitution. Marriage laws are a states right, and the Supreme Court recognized it today. The right decision was made. I suspect Alabama and Utah will have equal marriage by 2025 the way the momentum is turning.

Public education is also not mentioned in the Constitution. Do you take issue with Brown?

[memphis]

I agree with Scalia's Part I (which was one of the best opinions I've ever read), and the Court never should have decided this case.

That being said, I agree with the overall outcome, even if I think that they butchered the Constitutionality of hearing the case.  In the end, the result was a good decision for states' rights.

Do you take issue with Brown?

[memphis]

I agree with Scalia's Part I (which was one of the best opinions I've ever read), and the Court never should have decided this case.

That being said, I agree with the overall outcome, even if I think that they butchered the Constitutionality of hearing the case.  In the end, the result was a good decision for states' rights.

Do you take issue with Brown?

Brown has nothing to do with federal law.  It has to do with states violating 14th Amendment.

Quibble all you want about the meaning of "federal law." Segregation statutes were indeed state laws, but the 14th Amendment is a critical part of this nation's legal system. And I wonder why it is that you (apparently) value states' rights over human rights.

[memphis]

I agree with Scalia's Part I (which was one of the best opinions I've ever read), and the Court never should have decided this case.

That being said, I agree with the overall outcome, even if I think that they butchered the Constitutionality of hearing the case.  In the end, the result was a good decision for states' rights.

Do you take issue with Brown?

Brown has nothing to do with federal law.  It has to do with states violating 14th Amendment.

Quibble all you want about the meaning of "federal law." Segregation statutes were indeed state laws, but the 14th Amendment is a critical part of this nation's legal system. And I wonder why it is that you (apparently) value states' rights over human rights.

Yes; they were state laws that violated the Due Process clause of the Fourteenth Amendment.  The Fourteenth Amendment isn't at issue here because this wasn't a state law that was challenged.  I don't understand how you think this case is remotely related to Brown.

As for valuing human rights, I value human rights over states' rights, but I don't think marriage (in its contractual sense) is a human right.

I'm foolish for getting into a legal debate. I'm not a lawyer and have only very vague understandings of legal matters. It is hard to see how state laws against gay marriage will now not be brought before the court under the 14th though. As for this case's connection to Brown, both are cases of broad groups of people being treated differently and disadvantageously before the law because of innate characteristics that are beyond their control.  It doesn't take years of legal training to make that connection. Maybe it's merely emotional/moral outrage, but rooting for the team against treating all marriages the same leaves a very bad taste in my mouth.

[memphis]

It's also fun to invoke Brown whenever anybody starts spouting off about Constititional originalism. Many of the states that ratified the 14th operated segregated schools back in the 19th Century. School desegregation was obviously not in the intent. If only life were so tidy.