Thursday, March 28, 2013

Thinking -- Prop 8/DOMA

Yes, we really do have to wait to see what the justices say in their opinion. Brief statement: The BEST way it could be struck down is to say that DOMA is unconstitutional because of the EQUAL PROTECTION CLAUSE in the Fourth Amendment and that would apply to Prop 8 as well. That would be the best for the pro gay side because then ALL the states would not be able to enact Const. Amendments against it. Of course the right wingnut states would go berserk. So I think THAT is not going to happen because SCOTUS is not that brave like the Warren Court of 1954 Brown v. Board so it probably will not happen in my lifetime.


What is more probable I THINK (not sure) is that Prop 8 will have possibly no standing in SCOTUS referring it back to the CA fed court which ruled it was unconstitutional so gay marriage which now is ahead in public opinion there now anyway WILL be legal in CA. As for DOMA, the Court I suspect will rule it a states rights issue and that is where it is legal those married WILL be able to get Fed. benefits. They will say it is not legal for the Fed. government to discriminate IF and only IF those states that say okay to gay marriage then the Feds cannot discriminate.

So what happens next? As usual when one looks at rights for African Americans since slavery, when one looks at women's rights going back to the Revolutionary War, it will be a LONG LONG slow hard slog as each individual state will have to legalize it on its own.

When will the southern reactionary states EVER recognize it? Many if not most won't so at another time in another day when the generation that is old eventually dies and their children assume power little by little more states will get it. I say MORE. Some may NEVER get it so gays will have to move to states that have it and that is OKAY by me since many gays are very successful and wealthy. Bring that money right on to Mass I say. BTW, why I LOVE this wonderful state. We were the first to recognize gay marriage thanks in large part to the Mass Sup. Ct. headed by Margaret Marshall. I LOVE MY STATE the bluest of blue the most progressive in the country ... well usually!

This is just an brief quick overview as I read the tea leaves. I as usual reserve the right to change my opinion!