…and that is that the Federal Defense of Marriage Act is unconstitutional. Here, in a nutshell, are the theories advanced by Massachusetts’ Attorney General: Federalism. The Tenth Amendment reserves the power to define marriage to the states. Therefore, the Federal… Continue Reading
Wow. Straight out of South Carolina: “Of course I’m not saying that Mark is gay,” [Ms.] Sanford said, “but he may as well be. The moral decay in this country has claimed another victim and this time it was my… Continue Reading
I don’t get it. First the Governorator says he likes same-sex marriage. Then, he says that he won’t let the City and County of San Francisco issue same-sex marriage licenses because Prop. 22 was the decision of the people of… Continue Reading
Yesterday, President Obama signed an executive order extending just-barely-non-trivial benefits to same-sex couples employed by the Federal government. It’s better than nothing, but it’s hardly treating a same-sex couple equally with a married opposite-sex couple. Which is why the population… Continue Reading
In the first of a rash of federal lawsuits filed against the federal Defense Of Marriage Act (1 U.S.C. and 28 U.S.C. 1738c) has just been made the subject of a strongly-worded motion to dismiss filed by the United States… Continue Reading
After some legislative showboating, New Hampshire adopted same-sex marriages earlier this week. This, again, was done through the democratic process, and substantial exceptions to non-discrimination laws were made concurrent with adoption of same-sex marriage, ostensibly so as to ensure that… Continue Reading
Who’s in favor of same-sex marriage now? Dick Cheney. Actually this is not so surprising as you might think; like the man says, his daughter is gay and has been in a long-term relationship with her partner for a long… Continue Reading
Upholding Proposition 8 was the right thing for the Supreme Court to do. When the people act directly, that is the fundamental and most legitimate exercise of power imaginable in a democracy. I don’t like what they did but they… Continue Reading
Today, President Obama will announce his nominee to the U.S. Supreme Court, and the California Supreme Court will announce its final decision in the Prop. 8 review case. When these things happen, I will be either in or departing from… Continue Reading
New Hampshire is on the verge of becoming the sixth state to adopt same-sex marriage. The Governor has indicated a pass-or-veto message and is apparently returning the bill to the Legislature. I’m not sure if that state’s Constitution gives him… Continue Reading