Charles Krauthammer argues in his column today that nationalized legalization of same-sex marriage (or recognition of same-sex marriages from other states) is inevitable with this week’s DOMA ruling. Even though marriage has been a state matter, bringing the “equal protection” clause into the argument makes it an easy jump to Alabama having to equally protect gay and straight married couples. So while the Supreme Court hasn’t ruled that yet, they totally could.
Which generally does not bother commenters:
It’s silly to think of nationalizing gay marriage as anything other than an equalization of civil rights. We wouldn’t leave it up to states to decide if a black person can marry a white person. Neither should we leave it up to states to decide if a homosexual person can marry a homosexual person.
History will not be kind to those who seek to deny protection of homosexuals’ civil rights.
All states currently recognize marriages done in other states. How, then, are states going to justify ignoring legal gay marriages in another state while at the same time recognizing legal straight marriages in those same states? The equal protection issue is unavoidable, even at the state level. Or at least it is as long as states recognize any marriage performed in another state. To not do this would be chaos.
Even non-fans of same-sex marriage (PostScript is being genteel here) acknowledge the ruling doesn’t really affect them:
Not to worry. Your depravity will not affect my marriage or my eternal state. Though I can foresee persecution from the PC crowd for my exercise of free speech in denouncing your perversions.
But we do have some theories of what craziness might also follow from this decision.
The Sup Ct has now stated the federal government cannot impose a view of marriage on the states through legislation. You have now been vindicated, 1890 Polygamist Utah…you may resume.
PostScript does not in fact think that’s what they ruled either in DOMA or on Prop 8. In that there are federal laws against polygamy.
Right now it is legal for a person to engage in a gay marriage in one state, then engage in a heterosexual marriage in another state at the same time. It is only a matter of time, until all states have to recognize all marriages again.
Wow! PostScript hadn’t thought of that. Except those durned federal anti-polygamy laws! It’s possible that situation could have arisen before DOMA was struck down, though, before the national government recognized same-sex marriages. [PostScript just checked with the editorial writer who specializes in DOMA. We think it's true! So technically striking down DOMA made polygamy illegal!]
tpaine1 says well, that’s it for the United States, then. It’s been real:
I hope it doesn’t come to [violence.] We should ALL agree that we simply cannot agree and dissolve peaceably. I don’t hate Democrats, they are simply of the mindset “I am God” and this disagreement is as old as our species.
And nick212 shares his (or her) experience that human-animal marriage also hinges upon consent:
I almost married a cow once. She almost killed the guy that won her affections.