The Supreme Court Rulings On DOMA And Prop 8: Everyone Deserved Better

It is often difficult to marry in Windsor Federal Defense (DOMA) dismissed the appeal, the decision was unconstitutional and Hollingsworth keep bad law, and be gay marriage case two opinions, the Supreme Court today said that California's Proposition 8 is unconstitutional that the lower court announcement, once again prove that point.

"[T] he court is misled: the two decisions, and when he has multiple dissent, but Justice Scalia's dissent in the case of DOMA (Defense of Marriage Act) is strong on both sides of the end of a long line, reasonable from defeat Winners and Losers rob honest peace triumph. give us both good. "


The decision was widely used to determine whether a superficial appearance and, perhaps just as important Supreme Court cases it was found how the same sex, is being hailed as a victory for marriage between a. (Page 1) Constitutional Issues, (2) legal process issues, and finally, (3) social and political issues: either peel back the layers of this opinion, we should consider three levels of analysis.
 
Perhaps naively, many of these cases, part of the constitutional issues for specific answers were expected, but disappointed reactions here. A man and a woman Court'd case of California took defines marriage as between a Proposition 8, at least in California, but for all states, was unconstitutional on grounds equal protection. Instead, the court based its decision on the status of the narrow lines. But it was not. This important constitutional decision either supporters or opponents of gay marriage was not expected, and instead of a type of account (you have to clean later) seems frustrating and confusing opinion.
 
Both decisions have standing to raise the federal courts, in particular, on the issue of legal process Amount of time spent frustrating the problems. California, the judge refused to defend Proposition 8, the California Supreme Court ruled that the initiative proponents can. However, the Supreme Court did not stand a lower court decision that refused to leave to challenge the action. It just seems bad law that, in the end, the court found unconstitutional the advice legal challenge to Proposition 8, no one was able to. The method and the result is a bad result. We really do justice Roberts is a constitutional conservative, but that is something that is a conservative process. He rules (rewriting his creative mind to keep the health care law?) About mess with a way to deal with a case you can not find the way, on the basis of quality rather than things will resolve. The long term can be a disappointment for the Conservatives.
 
Finally, the social and political issues surrounding gay marriage, what does it mean? Two things are clear: Proposition 8 as a lower federal court (not the Supreme Court) determined by, California, is unconstitutional, and gay marriage can not continue. And the Marriage Act, the federal defense of such binding exists for the full federal benefits (taxes, etc.) If you choose to deny can not use. States in the gay marriage In that respect, it is an advantage to the gay marriage movement, but most are not primarily for the court, leave the rest in the hands of the political branches.
 
Winners and Losers Who decisions today?, It is clearly absurd. The role of the judge in marriage States gave lip service to some pages took on the chin states, given the demand offset the Supreme Court, California does not allow anyone to its own constitution, California, to defend the law. In my opinion, the good news to the continuing evolution of the court, gay marriage and the state governments to generate political power which the end of a fairly general role.
 
But in the end, everyone expected the Supreme Court held that deserves a better and more consistent message.