Proposition 8 Of California

Two Gay Marriage Decisions Of Supreme Court Are Landmark Path Breaking Decisions, Among Greatest In American History!

The two gay marriage decisions of the Supreme Court today will be seen as landmark, path breaking decisions, among the greatest in all of American history!

It has been a long time coming for gay and lesbian Americans, to achieve legal equality under the law and Constitution of the United States. It is a fantastic victory for civil rights and human rights, and will make it a lot easier for young Americans, and really all Americans, who recognize they have a different sexual orientation, which should not be discriminated against by others who refuse to accept change!

The decisions declare the key provision of the Defense Of Marriage Act unconstitutional, and also allow California to follow the circuit court decision, negating Proposition 8, which banned gay marriage in the state, after it has already been allowed.

So California will join twelve other states over the next few months that allow gay marriage—Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island in New England; New York, Maryland and Delaware in the Middle Atlantic; Iowa and Minnesota in the Midwest; and Washington State on the Pacific Coast.

It seems likely that other states, mostly “Blue” Democratic states in the last Presidential election, will soon join those 13 states, while the likelihood of “Red” or Republican states legalizing it seems far off, if not impossible to imagine.

But the fight to have the Supreme Court overturn the entire Defense of Marriage Act, allowing the Court to declare gay marriage legal in all states, following the tradition of Loving V. Virginia on interracial marriage in 1967, is the next battle, as the right to marry should be national in scope, not based on the states denying equal protection under the law!

It will take some time, but the day is not far off before gay marriage is legal everywhere in America, and if the right wing and the religious bigots have a problem, so be it, as they will have to accept it, as much as they opposed interracial marriage fifty years ago, but ultimately had to accept, at least publicly, although one can be certain there are many such people as these, who still are opposed to interracial marriage!

The point is that the right to marry is a civil right, and no public opinion poll, referendum, or utterance of a talk show host or some preacher should stand in the way of this basic human right, and the right to pursuit of happiness!

The Bush V. Gore Attorney Rivals Now On Same Side For Gay Marriage

It is ironic that the two attorneys joining forces to fight for gay marriage and call for the rejection of Proposition 8 in California and the Defense of Marriage Act are rivals who fought the case for the 2000 Presidential election contest in the Supreme Court between George W. Bush and Al Gore.

Now, Ted Olson and David Boies are working together after Olson won the case for George W. Bush, but both of them, one Republican and one Democrat, felt that the case for gay marriage was so strong that they were willing to overcome their rivalry, and fight for a basic human right, the right to marry, for all people, not just straight but gay as well!

It demonstrates that there is a case for both Republicans and Democrats, conservatives and progressives, to join together on an issue of fairness, equality, equal protection of the laws, and basic civil rights.

The gay marriage and gay rights movement could not have finer advocates for their cause than these two brilliant attorneys!

Justice Harry Blackmun (1973), Justice Anthony Kennedy (2003), And The Likelihood Of Transformative Moment In Constitutional History Again!

Associate Justice Harry Blackmun was a THIRD choice of President Richard Nixon for the Supreme Court in 1970 after rejection of Clement Haynesworth and G. Harrold Carswell, and Blackmun went on to make history in 1973, in authoring the decision in Roe V. Wade, arguably the most important decision in modern times on women’s rights!

Associate Justice Anthony Kennedy was a THIRD choice of President Ronald Reagan in 1988 after rejection of Robert Bork and Douglas Ginsburg, and Kennedy went on to make history in 2003, in authoring the majority opinion in Lawrence V. Texas, arguably the most important decision in modern times on gay and lesbian rights!

Are we about to see another transformative moment in the Court’s history and in constitutional history, with the upcoming case on gay marriage, being argued tomorrow and Wednesday, with Kennedy believed likely to continue to support gay advancement, and the hope that he will bring along Chief Justice John Roberts, who has a sense of history, and already showed leadership and courage in backing ObamaCare last June?

Many experts believe the Supreme Court will broadly back gay marriage, although they could just do a narrow decision on Proposition 8 in California, and on the Defense of Marriage Act as an alternative.

But this decision, if broadly based, could be of similar impact, as Loving V. Virginia was on interracial marriage in 1967, or Brown V. Board Of Education was on racial integration of public schools in 1954!