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thewayneThis has been a long time coming, now the state fights will probably multiply like the flood of statements yesterday when part of the Civil Rights Act were thrown out.
I particularly liked this part: "In his dissent, Scalia said the court was exercising too much power and should not have even decided the case because Windsor had won in the lower courts “and so cured her injury.”
“That is jaw-dropping. It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive,” he wrote. “It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere ‘primary’ in its role.”"
I guess Scalia doesn't think that what the Court did in Citizen's United was not exercising too much power. But Scalia won't talk about CU, when it's brought up in public Q&A he says 'get over it!'.
The article says 17 states currently allow same-sex marriage. But 31 have constitutional bans against gay marriage or some flavor thereof. So this is just beginning, but now has a Federal basis opposing it.
http://www.wired.com/threatlevel/2013/06/scotus-same-sex-marriage/
http://en.wikipedia.org/wiki/List_of_U.S._state_constitutional_amendments_banning_same-sex_unions_by_type
I particularly liked this part: "In his dissent, Scalia said the court was exercising too much power and should not have even decided the case because Windsor had won in the lower courts “and so cured her injury.”
“That is jaw-dropping. It is an assertion of judicial supremacy over the people’s Representatives in Congress and the Executive,” he wrote. “It envisions a Supreme Court standing (or rather enthroned) at the apex of government, empowered to decide all constitutional questions, always and everywhere ‘primary’ in its role.”"
I guess Scalia doesn't think that what the Court did in Citizen's United was not exercising too much power. But Scalia won't talk about CU, when it's brought up in public Q&A he says 'get over it!'.
The article says 17 states currently allow same-sex marriage. But 31 have constitutional bans against gay marriage or some flavor thereof. So this is just beginning, but now has a Federal basis opposing it.
http://www.wired.com/threatlevel/2013/06/scotus-same-sex-marriage/
http://en.wikipedia.org/wiki/List_of_U.S._state_constitutional_amendments_banning_same-sex_unions_by_type
no subject
Date: 2013-06-28 05:08 am (UTC)Also, Scalia said that today's ruling paves the way for the federal government to force states to recognize marriages performed in other states, overturning their bans. Considering Scalia was right about the Lawrence decision leading to this one, we hope he's right again, and it moves faster this time.