The Supreme Court decisions on gay marriage issues were hardly surprising. The Court refused to rule directly on gay marriage as a civil right, instead side stepping the issue on the grounds that the appellants lacked standing. This allowed the ridiculous ruling of the trial court to stand, a decision that overturned an amendment to the California constitution resulting from a popular vote on a very shaky federal constitutional analysis. No matter where one stands on the issue of gay marriage, it is sad that the matter is left up in the air -- particularly in this way.
On the Defense of Marriage Act, the Court went the other way. There it struck down part of the act on what should have been an easy federalism decision. Once a state had made a determination as to the requirements for marriage, that determination is entitled to be recognized by all states and the federal government. For an issue like marriage which has always been a state issue, there was no basis for the federal government to step in to change the state decision. Instead of taking the easy way out, however, the Court used a much harsher analysis. It actually concluded that there was no rational basis for the federal government to define marriage as between one man and one woman. That is -- pardon the honesty -- idiotic. Since gay couples will not be the natural parents of offspring, there is clearly a rational basis to treat them differently from heterosexual couples. So the Court used an almost nonsensical analysis to reach the proper result.
It was a bizarre day for SCOTUS.
On the Defense of Marriage Act, the Court went the other way. There it struck down part of the act on what should have been an easy federalism decision. Once a state had made a determination as to the requirements for marriage, that determination is entitled to be recognized by all states and the federal government. For an issue like marriage which has always been a state issue, there was no basis for the federal government to step in to change the state decision. Instead of taking the easy way out, however, the Court used a much harsher analysis. It actually concluded that there was no rational basis for the federal government to define marriage as between one man and one woman. That is -- pardon the honesty -- idiotic. Since gay couples will not be the natural parents of offspring, there is clearly a rational basis to treat them differently from heterosexual couples. So the Court used an almost nonsensical analysis to reach the proper result.
It was a bizarre day for SCOTUS.
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