The Supreme Court ruled today (6/26) that married
same-sex couples were entitled to federal benefits and, by refusing to hear a
case from California, effectively sanctioned same-sex marriages there. The
decision was 5-4 with Justice Anthony M. Kennedy writing the
majority opinion. The
Defense of Marriage Act, he wrote, was invalid because it injured and
disparaged same-sex couples, thereby denying them equal protection under marriage
law and violating the Fifth Amendment. The court’s four liberal-leaning
justices joined him in this courageous and far-reaching decision.
DOMA
is the legacy of President Bill Clinton and was signed into law by him in 1996.
What he was thinking at the time is anyone’s guess, but a good guess would be
political compromise. As a centrist mistaken for a liberal and acting like a conservative, he came as
close as any President to pleasing everyone or, as Abraham Lincoln put it,
fooling all the people all the time. So, throwing gays and lesbians under the bus
for some imagined future gain would be just his cup of bacon fat. Also, it must
be said that - as an individual - Bill Clinton never acted as
if defense of marriage was
a high priority.
The
Supreme Court’s second decision - actually, non-decision - about
gay rights concerned an attempt to overturn an Appellate Court reversal of
California’s ban on same-sex marriage. By refusing to hear the case, the
appellate decision remains in effect, removing any legal obstacles to same-sex
marriage in California. It’s tempting, of course, to read into the court's refusal.
Does it mean tacit approval of the appellate ruling, was the case rejected on a
technicality or is it their way of saying, “Hey, it’s Summer! We
want to get on the links at Augusta.”
Perhaps
the most surprising aspect of both rulings is how rarely we expect wisdom from
the Supreme Court and how shocked we are when justice is served by people called Justices.
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