Saturday, December 28, 2013

Same-sex marriage triumphalism could be premature

The claim that "it's over" and same sex marriage will be the law of the land seems based upon a strain of triumphalism that doesn't exist.  However, the triumphalism may justified if the courts swing to the left in the near future.  If nobody leaves the Court in the near term, and this case can be heard in a reasonable amount of time, the triumphalism may receive a shock.

The country class doesn't want it.  If left to a vote, it would be voted down---witness Prop 8 in California of all places.  Only the ruling class can force this upon the country.

The most recent decisions in the Supreme Court did not affirm a right to same-sex marriage.  If the tea leaves have been correctly interpreted, the court could reinstate Prop 8 in California and the same-sex marriage ban in Utah.  It should be recalled that the Prop 8 case was also heard at the same time DOMA was, but failed not upon its merits, but on the question of standing---nobody representing the California had legal standing to defend the law.  Now that Utah's law has been overruled by a Federal judge, the case can be brought up to the Supreme Court, and this time, they will have standing.  The results of that case could leave us with a landmark ruling of one kind or another.  I'm hoping for one that will shake the ruling class to its foundation.


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