Some thoughts about today’s Supreme Court opinions which I jotted down for a friend.
OK, I’ve calmed down a bit after I smacked Tony Scalia a few times and told him to stop being such a wise ass.
Obviously I am thrilled by the decision of the court to find DOMA unconstitutional, although I was a bit disappointed that the decision was only 5-4. More of that in a minute.
The decision in Windsor (the DOMA case) effectively gave same sex couples in the 12 states (soon to be 13 with the addition of CA) and DC full access to the 1100 or so federal provisions which rely on the definition of marriage. SSA, DOD and civil service survivors’ benefits; joint filing of taxes (?); and a myriad of others. With the decision in Hollingsworth (the Prop 8 case) some 30 % of the country now lives in states where same sex marriage is legal.
Hollingsworth is a mixed bag. While the ultimate outcome of the case was to overturn Prop 8 and make same sex marriage legal again in CA, a close reading of the dissent in that case shows us the decision which might have been.
Both cases were decided on 5-4 votes; but it’s a comparison of who was on which side in each case that is fascinating and possibly shows us the future.
THANKS, RICHARD. . . ;-))