Thursday | June 26, 2003
Sodomy decision opens path to gay marriage
I've skimmed the two decisions, and the magnitude of the court's action in Lawrence v. Texas is staggering. This isn't about soddomy, this is a huge first step toward granting homosexuals equal protection under the law -- up to and including gay marriage.
I was curious as to why Scalia would be so vociferously against the majority decision, to the point of losing all pretenses of scholarship and writing the very emotional, "The court has largely signed on to the so-called homosexual agenda." Like I said, my cursory glance made the reasons obvious.
The majority ruled that the Texas sodomy law "furthered no legitimate state interest". That is a "rational interest" standard -- much more lax than "compelling state interest", or "strict scrutiny".
Why is this significant? I'll let Scalia take it away (citations omitted):
The Court says that the present case does not involve whether the government must give formal recognition to any relation-Scalia is right. Any use of consistency and logic would force the court sanction same-sex marriages, and invalidate any attempt to limit the definition of "marriage" to unions between man and woman.
This is huge. Our nation took a huge step today toward eliminating one of the last standing impediments to true equality under the law. Just wait until the press picks this up (they don't seem to have noticed yet).
Also, TalkLeft should be must-visiting today, as I'm sure Jeralyn will be weighing in on the trove of decisions the Supremes will announce today (including another important case throwing out a death penalty conviction on the grounds of incompetent representation).Posted June 26, 2003 09:45 AM | Comments (149)