Posted on 06/27/2013 11:20:40 PM PDT by 2ndDivisionVet
Under the Defense of Marriage Act, the federal government does not recognize same-sex marriages even in states that have legalized it. This week, the Supreme Court ruled DOMA unconstitutional.
There are two possible grounds, distinct and in some ways contradictory, for doing so. The curious thing about the courts DOMA decision is that it contains both rationales.
The first is federalism. Marriage is the province of the states. Each state decides who is married and who is not. The federal government may not intrude. It must therefore recognize gay marriage where it has been legalized.
If that were the essence of the argument, the courts 5-4 decision would have been constitutionally conservative, neither nationalizing nor delegitimizing gay marriage. It would allow the issue to evolve over time as the people decide state by state.
It would thus be the antithesis of Roe v. Wade. That judicial fiat swept away every state abortion law that did not conform to the courts idea of what abortion law should be. Even many liberal supporters of abortion rights have admitted that Roe was an unfortunate way to change the law.....
(Excerpt) Read more at washingtonpost.com ...
Krauthammer was opining a couple of months ago that the SCOTUS wouldn’t rule in favor of queer “marriage” because of Roe and the divisiveness that still exists due to that ruling.
So I continue to take pretty much anything Krauthammer says with a grain of salt.
Gay marriage is not polling at 60% except in the eyes of the homo world.
Oh, you’re right. I forgot we need to Un-skew the polls, like before President Romney defeated... oh.
Come now. If you can’t admit the basic reality, how can we hope to change it? I don’t like the situation either, but this calls for steely-eyed conservative realism, not liberal pie-in-the-sky “I wish this is the way things were.”
Where’s the poll showing 60%? You haven’t got one worth a damn else you would put it here.
Oh and if you find such a worthless poll be prepared to defend it.
What -- me worry??
Here’s two for you.
Un-skew this.
http://www.newsmax.com/Politics/california-same-sex-marriage/2013/06/10/id/509052
And this one.
http://www.newsmax.com/US/California-Poll-Same-Sex-Marriage/2013/02/28/id/492475
We don’t have to like it, but we can’t pretend it’s not happening. Otherwise we’re Romney at the end of his campaign, taking his foot off the gas because he’s convinced, convinced that he’s guaranteed to win.
Blindness does not become us. You don’t make unpleasant situations any better by pretending they don’t exist.
So you believe in LA Times polls? Really? The LA Times Polls which are known to oversample democrats?
And the Field Poll out of San Francisco? The polling outfit that ***at the time Prop 8 passed*** in the year 2008 recorded that 51% approved and 42% disapproved allowing same-sex couples to marry and having regular marriage laws apply to them. Wow! Apparently the voters didn’t get the memo!
http://www.field.com/fieldpollonline/subscribers/Rls2443.pdf
Here’s a Reuter’s Poll updated just this past Friday that has about the same cred as the two worthless ones you listed yet reports vastly different results:
http://www.reuters.com/article/2013/06/28/us-usa-court-gaymarriage-idUSBRE95R15220130628
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