Really bizarre - the Supreme Court held that state laws could not be trumped by the federal law when it came to same-sex marriage - that if a state had approved ssm then federal benefits couldn’t be denied on the basis of the federal DOMA - yet that ruling is being used all over the country to justify overturning state bans on same-sex marriage because of the federal constitution - if anything the Supreme Court decision should be strengthening decisions made at the state level, and when the issue returns to the SC it clearly should look to that prior judgment to uphold state bans - for now, truly the judicial makes up the outcomes it wants and then twists the laws to fit the results...
Intolerant in NJ - The liberals understand that the left side of the court makes decisions first, and rationalizes later. In the Windsor decision they argued from state rights perspective, when they federalize gay marriage they will argue the opposite. Logically coherent? No. But to these people the ends justify the means and the law says whatever they want it to say, living Constitution and all. Don’t look for logic where there is none.
"Really bizarre - the Supreme Court held that state laws could not be trumped by the federal law when it came to same-sex marriage - that if a state had approved ssm then federal benefits couldn’t be denied on the basis of the federal DOMA - yet that ruling is being used all over the country to justify overturning state bans on same-sex marriage because of the federal constitution..."
Because Kennedy telegraphed in Windsor that he and his 5-4 could change each state piecemeal.
So with that wink and a nod, his comrades are going after the most conservative states to raise a case back up to the Court before its complexion changes; either knowing Kennedy will follow up with the state-by-state overturns citing the same garbage in Windsor, OR hoping that if he finds OK and UT laws sufficiently flawed enough, that he'll have no choice but to pursue a sweeping 50-state ruling. They know Kennedy is the swing vote, there's no way he'll swing back against an overreaching decision.