So the Supreme's struck down parts of DOMA and allowed gay marriages to occur in California. And for that, I say HURRAH!
I am happy about all this, don't get me wrong. It IS truly a great day in Gay History. And these decisions were released on the 10 year anniversary of the Supreme Court decision that overturned all law nationwide making gay sex illegal, AND just a few days short of the 44 anniversary of Stonewall. Great news, perfect timing.
My excitement IS muted, however over a few things. Both decisions were 5-4, which surprised me, actually. In DOMA, there was no surprises at the line up: Kennedy and the four liberal Justices. But the Prop 8 one, frankly, left me slack-jawed. It too was 5-4, but the lineup was Ginsburg, Breyer and Kagan (no surprises there), Roberts (which I kinda thought might be the case) and......take a breath now....Scalia?
WHAT?
Yeah, I said Scalia! Mr. Right Wing himself. Very surprising. What was even MORE surprising, AND a bit disturbing, was to find the dissenters as Thomas and Alito (no surprises there), but to have Kennedy and even MORE so Sotomayor in dissent???
What the hell, Sonia??
I haven't read her dissent yet, so hopefully her rationale is something positive (like maybe she didn't want to rule on standing, as the majority did, maybe she wanted to go further and rules on the merits of the case...maybe she thought the rulings didn't go far enough, so she dissented? That might be okay).
And also, my high emotions are tempered by the fact that I, living in Pennsylania, still can't legally get married. And these decisions did nothing to change that. (I think, according to the DOMA decision, though, were I to be married in Maryland and then return to PA to live, my husband and I would now be able to file joint federal tax returns and stuff like that, even as PA refusing to recognize our marriage and we'd have to file separately for state taxes and such). And these decisions did nothing to help the 70% of the American populace who live in the 38 (well, 37 now that Prop 8 is history) states where marriage equality is still just a dream. They are certainly NOT a decision like Loving, from the 60s which outlawed bans on interracial marriages nationwide.
But they are both very good, very positive, historic things. And are major stepping stone on the road to true marriage equality for all. And again, for that I say HURRAH!
We still have a long way to go. but today, just for now, let's just revel in and celebrate where we are and how far we've come. And let's leave the future struggles to the future.
POLT
Wednesday, June 26, 2013
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1 comment:
Oh believe me there are cases winding through the federal courts RIGHT now that will deal with the states that ban marriage by either law or constitution.
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