Two must-see features following Wednesday’s decision by a federal judge to overturn the California ban on same-sex marriage.
First, Dahlia Lithwick of Slate has a sharp analysis of how U.S. District Court Judge Vaughn Walker crafted his decision by quoting fulsomely from past decisions written by Supreme Court Justice Anthony Kennedy (via @GratuitousV). Noting that Kennedy would surely be the pivotal vote if and when gay marriage comes before the court, Lithwick writes:
Any way you look at it, today’s decision was written for a court of one — Kennedy — the man who has written most eloquently about dignity and freedom and the right to determine one’s own humanity. The real triumph of Perry v. Schwarzenegger may be that it talks in the very loftiest terms about matters rooted in logic, science, money, social psychology, and fact.
Second, Boston.com’s Big Picture posted a terrific series of photos showing gay and lesbian couples getting married. The timing was exquisite: the series was posted a few hours before Judge Walker issued his ruling. Have a look.
I hope Wednesday marks the beginning of the end for marriage discrimination in America, but we all know there’s a long way to go. Among other things, Walker’s opinion was based on the 14th Amendment’s 142-year-old guarantees of equal protection and due process — and the Republican Party, sealing itself ever deeper inside its anti-reality cocoon, is now questioning whether the 14th Amendment should be modified.
Yes, the intent is to find new ways to torment the children of illegal immigrants. But once the amendment is open for discussion, one awful idea tends to lead to another.
Still, Wednesday was a great day, even if it’s too early to celebrate.
One thought on “Cautions aside, a great day for marriage rights”
Not too early to celebrate.
It is another positive step. I wrote about gay marriage in Vermont for the Nation magazine in 2009, and the major point I had was that it marked a new method of marriage equality: a democratic movement, forcing the hands of a democratically-elected body, as opposed to a judge making the decision.
This decisision on prop 8 is the first time a federal judge ruled in favor of gay marriage relating to our federal constitution. I think when the history of the marriage equality is written, this will have a very prominent spot.
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