Wednesday, June 26, 2013

"'Waiting for the Other Shoe' - The Supreme Court Rules on Same Sex Marriage"

Here is an article on the Supreme Court's rulings on two "same sex marriage" cases. In both cases, the court ruled in favor of so called "same-sex marriage." Mohler's assessment is worth reading.

Even though the Court did not rule today that all states must legally recognize and allow for same-sex marriages, the handwriting is on the wall. Justice Kennedy’s majority opinion implicitly invites any citizen who resides in a state that does not allow for same-sex marriage to claim that his or her constitutional rights are violated on the basis of the Court’s opinion handed down today. You can count on a challenge of this form arising in short order.
As Justice Scalia noted in his dissent today, “As far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe.”
The Court’s majority did not want to pay the political price that a decision as immediately sweeping as Roe v. Wade would have cost. Instead, the majority decided to send a clear signal that such a case will now be well received. It struck down DOMA by employing a logic that, as Scalia noted, cannot stop with the striking down of DOMA. It can only stop with the full legalization of same-sex marriage in all fifty states by judicial fiat.

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