U.S. Supreme Court considers appeals of DOMA and Caifornia’s Prop. 8
Posted by AzBlueMeanie:
The U.S. Supreme Court is preparing to wade into historic and controversial territory. The Court is considering 10 petitions for review today regarding same-sex marriage, including the constitutionality of the Defense of Marriage Act and California’s Proposition 8. The orders granting or denying certiorari are likely to be announced on Monday.
Tim Goldstein at SCOTUSblog has posted this wonderfully written commentary. History:
At their Conference today, the Justices will consider petitions
raising federal constitutional issues related to same-sex marriage.
These are the most significant cases these nine Justices have ever
considered, and probably that they will ever decide.
I have never before seen cases that I believed would be discussed two hundred years from now. Bush v. Gore
and Obamacare were relative pipsqueaks. The government’s assertion of
the power to prohibit a loving couple to marry, or to refuse to
recognize such a marriage, is profound. So is the opposite claim that
five Justices can read the federal Constitution to strip the people of
the power to enact the laws governing such a foundational social
institution.
The cases present a profound test of the Justices’ judgment. The
plaintiffs’ claims are rooted in the fact that these laws rest on an
irrational and invidious hatred, enshrined in law. On the other hand,
that describes some moral judgments. The Constitution does not forbid
every inequality, and the people must correct some injustices (even some
grave ones) themselves, legislatively.