DOMA, Marriage Equality, & the Supreme Court

Will Clarence Thomas, speak, clear his throat or sit like a lump of coal waiting patiently for Scalia to whisper in his ear….

60% of people recently polled by ABC news say same sex marriage is okay in America. That same poll found that 80% of those under 30 support the idea. Those numbers should make it a done deal, right? Majority rules, right?

Well, not exactly. In the Land of the free, home of the brave, very few decisions are made by majority rule.

Proposition 8 and DOMA are before the United States Supreme Court today and despite the garbage rhetoric coming from FOX News, the Supreme Court is not a liberal court by any stretch of the imagination. If it was we wouldn’t be stuck with last year’s Citizens United ruling making corporations people.

marriage-equality-clarence-thomasFor those of you who don’t know, Prop 8 is the measure in California that revoked same sex marriage. DOMA stands for defense of marriage act. It was passed on the federal level back in 1996 and signed into law by a now repentant Bill Clinton. It says that marriage is only for men and women who marry each other. No boy-boy, or girl on girl unless its pornography for lesbian-loving straight men.

DOMA is like all those old sodomy laws that used to be on the books, outlawing oral or anal sex, but only gays and lesbians were charged and prosecuted. Straight couples doing exactly the same doggie style were never criminalized and cited, ever.

So today, the Supreme Court will hear arguments to overturn both laws. Actually one will be argued today and the other tomorrow. Regardless, it will make for an exciting week at the nation’s highest court. Tickets to get inside were at a premium.

However, one ticket was scarfed up by a cousin of Chief Justice Roberts. Seems cuz is a lesbian and wants her big cousin to act like Ohio Senator Rob Portman and support his family. She says she wants to get married legally in the near future.

Of course, no one has any idea what Chief Roberts is thinking, nor any of the other Associate Justices for that matter. Insiders will start guessing when they start asking questions during arguments.

Have to admit, I’m curious about how Justice Thomas will vote, especially since his own marriage to a white woman used to be illegal. Wonder if he will throw off his chains of servitude and vote like a proud Black man for a change.

marriage-equality-protestThe intellectual machinations of all the possible rulings in these two cases is mind boggling, so I’m just gonna pop some corn and wait for the outcome. I will say this, I don’t see how the Court can frame this so narrowly that it won’t take into account just how mobile our society is. In other words how can you make law that applies to one state but not another. I mean, if a couple islegally married in Omaha, they should also be legally married in Ohio, right?

It was like that in the interracial marriage ban, Loving vs Virginia. Once that law was struck down, it was made to apply to the whole country, not just Virginia. The same thing should logically happen with Prop 8 and DOMA.

I honestly see it falling this way, Alito, Scalia and possibly Thomas will do what they always do. So will Ginsburg, Breyer, Kagan and Sotomayer. I see Kennedy and Roberts as swing votes.