Tuesday, March 26, 2013

Prop 8 Oral Arguments

This is will not be a legal blog (because if it were, you’d deserve a refund), but I did follow the oral arguments today via Twitter and blogs and even took the hour and a half to listen to the recording and will probably read the transcript here.  My prognostication is that there will be some sort of a punt, either on procedural grounds or an unwise grant of review in the first place - I’d be surprised if there was a sweeping decision that affected jurisdictions other than California.  Either way, I do think this is the less important of the two cases anyway.  Per my post yesterday, the public tide has turned and even if Prop 8 is upheld, there will be an immediate movement for new legislation that will pass, assuming any of the 80% of under 30 folks who approve of gay marriage actually vote.  Tomorrow’s argument has always been the more important of the two in my opinion.  My post yesterday shows the state by state legal rights mess that occurs with DOMA when the Commerce Clause is not enforced on this issue.  If Prop 8 is overturned and gay marriage becomes legal in California, but DOMA is upheld, all of those CA married couples would lose their rights upon travel to any of its neighboring states (NV, AZ and OR (and here's what happens in Portland) all have bans) and still would have a messed up tax and other federal benefit status.  And it consistently amazes me that hard core Republicans, who are states’ rights in every other aspect, don’t see the inconsistency in arguing for federal oversight of marriage.  Enough said about that for now.

The real reason I wanted to post is to say that I am so impressed that not only are all of the people arguing both sides and the Justices really #@!*&^% smart (Cooper struggled at times, but really did a pretty good job with some loser arguments), I don’t know what took me so long to take to Twitter, because people there are also really intelligent and witty (present company excluded, as I only tweet nonsense, such as my love for the new judges on The Voice last night).  Here are a few of my favorites:

The Supreme Court is hearing arguments on Rational Human Beings vs. People Who Leave Comments on the Second Page of a YouTube Video

On a day like today, I think it's invaluable for us to recall that Abe Lincoln was most likely gay. #TallDrinkOfWater

And as always, The Onion nailed it as well. 

It's kind of hard to believe I am not really political AT ALL based on this nascent blog, but I do like to be "in the know" on pop culture and this really is dominating all media, social and otherwise, so I couldn't avoid a couple of political days.  I’m sure I’ll be back with something equally (non) interesting tomorrow on the DOMA oral arguments, so hold your breath in eager anticipation.  For now have a good rest of Gay Day 1.


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