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Glad that it was useful. I mainly posted it because some of those arguments are similar to what gays have to deal with.
Couldn't embed this but, that this would interest some people here. http://www.youtube.com/watch?v=ncoHJo5128Q&feature=share&li...
That's a beautiful video, Sentient.
Both couples who were plaintiffs in the Prop. 8 case, Kris Perry and Sandy Stier, and Paul Katami and Jeff Zarrillo, got married last night!
So did other couples.
That HuffPost/AP article quotes a constitutional law professor, who said that
... the Supreme Court's 25-day waiting period to make its decisions final isn't binding on lower courts.
"Some people may think it was in poor form, But it's not illegal," Amar said. "The appeals court may have felt that this case has dragged on long enough."
Given that word did not come down from the appeals court until mid-afternoon, most counties were not prepared to stay open late to accommodate potential crowds. The clerks in a few counties announced that they would stay open a few hours late Friday before reopening Monday.
A jubilant San Francisco Mayor Ed Lee announced that same-sex couples would be able to marry all weekend in his city, which is hosting its annual gay pride celebration.
Yes, it's good that the public is starting to realize that the burden of proof lies on the homophobes. There would need to be a valid reason to restrict our marriages or discriminate against us, not just because "tradition!" or "Jesus!" or "man-on-man sex is icky!"
(I also liked that description of a politician avoiding the subject as "oh, look, a squirrel!")
Sentient, I think your guesses that the Supreme Court will invoke states' rights consistently (not just when it suits bible-thumpers), to throw out DOMA Section 3 and to uphold California's marriage ban -- letting states define marriage however they wish -- are quite plausible. I hope for better, maybe even the "seven-state scenario" of "marriage-like rights and responsibilities must be recognized as marriage for all". We'll see.
Whatever happens, it'll remain important to pass an Employment NonDiscrimination Act, which would arguably help a lot more people and continue shifting the window towards unremarkable acceptance.
On marriage, the Overton window has definitely shifted in a progressive direction. From "The opposition goes silent" (Timothy Kincaid, at Box Turtle Bulletin; emphases added):
I believe that the nation has changed its views on who bears the burden of proof. This is, in many ways, a more important shift than merely those who favor or oppose same-sex marriage; it’s a shift in how the debate is conducted.
[...] we have entered a phase in which one can be “not ready” or “not convinced” or “not yet evolved” on the issue of marriage equality. That’s simply opinion. But to be actively opposed suggests a character flaw, something with a whiff of nastiness and maybe even vile. The public – right and left – seem to have decided that you can support gay marriage or you can not support gay marriage, but you can’t oppose gay marriage any longer.
So more and more, those who can safely be assumed to favor heterosexual superiority simply choose to say nothing. [...] Even George W. Bush, the man most tied to the campaign against equality, decided that he just doesn’t have an opinion anymore.
And today we have another good example.
The Palm Beach Post has an article about activists in Florida beginning a campaign to change minds in that state [...] Translated out of politician speak, [Florida's Republican Gov. Rick] Scott said, “My view on marriage is… ummm… look a squirrel.”
The New Yorker has an interactive map showing possible results of Supreme Court rulings on DOMA and Prop. 8.
Here's an article from Reuters claiming the same sex marriage issue will drag on for many more years. Sadly, I must agree with both you guys, Daniel and Grinning Cat, that we will see only a partial victory from the Supreme Court on the marriage issues.
This Reuters article is making the same claim.
Analysis: Top court's gay marriage ruling won't be last word
"GC, it wouldn't surprise me if you are tight."
Daniel, is that a Freudian slip or just bad typing?
My guess is that the Supreme Court will wimp out on Prop. 8, and rule narrowly that the anti-equal-marriage advocates had no standing, or else that certiorari was "improvidently granted" ("sorry, we shouldn't have taken the case"). I hope for a broader decision affirming equality, but won't count on it.
The many 5/4 ideological splits in recent times emphasize for me that the nomination of Supreme Court justices is one of the most lasting effects a U.S. president can have. (Thank you, everyone who voted for Reagan and the Bushes -- not!)
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