Wednesday, March 27, 2013

Kagan for the Win!

“[W]hen Congress targets a group that is not everybody’s favorite group in the world, [it is important] that we look at those cases with some –­ even if they’re not suspect — with some rigor to say, do we really think that Congress was doing this for uniformity reasons, or do we think that Congress’s judgment was infected by dislike, by fear, by animus and so forth?  Well, is what happened in 1996—and I'm going to quote from the House report here—is that 'Congress decided to reflect and honor a collective moral judgment and to express moral disapproval of homosexuality.' Is that what happened in 1996?

To which Clement responded:   "Does the House report say that? Of course, the House report says that. And if that's enough to invalidate the statute, then you should invalidate the statute". 

And with that, I believe that DOMA is dead.  Kagan’s point sussed out the explicit motive of DOMA -  animus (word of the day for SCOTUS).   As Kaplan summarized: “And no one has identified any legitimate Federal interest that is being served by Congress’ decision, for the first time in our nation’s history to undermine the determinations of the sovereign States with respect to the eligibility for marriage.  I would respectfully contend that this is because there is none.”

And that was a point echoed by several of the Justices, so I think between that and the States’ Rights issues that centrist Kennedy can hang his hat on, DOMA is DOOMED.  By the way, on the States’ Rights, I find it amazing that the far right, for whom States’ Rights are a cornerstone of dogma, fail to see (or care) about the inconsistency of lobbying for expanded Federalism just because the gays make them feel squicky.

We could have been spared all of this national turmoil if we had just listened to the Golden Girls in 1991: Sophia was a trailblazer.

Full transcript here.  And with that, the political ramblings will come to a blessed end.  Augustus has my back, but Mr. Moose has had enough and is tired.


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