Lawyers all around the country are drooling like a bulldog eying off a cat with no legs at the thought of yet another blistering Scalia dissent on gay rights. So much fun.
As I see it, the Supreme Court should go 6-3 for the right to marry, Kennedy delivering the majority judgment. Marriage fundamental right, laws fail at any level of scrutiny because duh, laws invalid under the 14th amendment, compulsory fuck-you Scalia citation, rousing ending, bing, bang, boom. Where’s the cake and champagne?
I just can’t see Kennedy voting against or going for weasel words to limit the effect of the judgment. The steady advancement of gay rights in the Supreme Court most ensures Kennedy’s place in the history books and (more importantly) the law texts. Lawyers do love to have their name on a precedent that’s going to be cited a hundred years from now.
This is not in any way to suggest mercenary intent. Kennedy’s judgments in Romer, Lawrence and Windsor clearly indicate that gay rights are something he genuinely and passionately supports, and has patiently and firmly worked to expand.
See Romer in 1996:
The primary rationale the State [of Colorado] offers for Amendment 2 [prohibiting any laws to protect homosexuals against discrimination] is respect for other citizens’ freedom of association, and in particular the liberties of landlords or employers who have personal or religious objections to homosexuality. Colorado also cites its interest in conserving resources to fight discrimination against other groups. The breadth of the Amendment is so far removed from these particular justifications that we find it impossible to credit them. We cannot say that Amendment 2 is directed to any identifiable legitimate purpose or discrete objective. It is a status-based enactment divorced from any factual context from which we could discern a relationship to legitimate state interests; it is a classification of persons undertaken for its own sake, something the Equal Protection Clause does not permit. “[C]lass legislation . . . [is] obnoxious to the prohibitions of the Fourteenth Amendment . . . .” Civil Rights Cases, 109 U.S., at 24.
We must conclude that Amendment 2 classifies homosexuals not to further a proper legislative end but to make them unequal to everyone else. This Colorado cannot do. A State cannot so deem a class of persons a stranger to its laws. Amendment 2 violates the Equal Protection Clause, and the judgment of the Supreme Court of Colorado is affirmed.
See Lawrence in 2003:
The present case does not involve minors. It does not involve persons who might be injured or coerced or who are situated in relationships where consent might not easily be refused. It does not involve public conduct or prostitution. It does not involve whether the government must give formal recognition to any relationship that homosexual persons seek to enter. The case does involve two adults who, with full and mutual consent from each other, engaged in sexual practices common to a homosexual lifestyle. The petitioners are entitled to respect for their private lives. The State cannot demean their existence or control their destiny by making their private sexual conduct a crime. Their right to liberty under the Due Process Clause gives them the full right to engage in their conduct without intervention of the government. “It is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.” Casey, supra, at 847. The Texas statute furthers no legitimate state interest which can justify its intrusion into the personal and private life of the individual.
Had those who drew and ratified the Due Process Clauses of the Fifth Amendment or the Fourteenth Amendment known the components of liberty in its manifold possibilities, they might have been more specific. They did not presume to have this insight. They knew times can blind us to certain truths and later generations can see that laws once thought necessary and proper in fact serve only to oppress. As the Constitution endures, persons in every generation can invoke its principles in their own search for greater freedom.
The judgment of the Court of Appeals for the Texas Fourteenth District is reversed, and the case is remanded for further proceedings not inconsistent with this opinion.
See Windsor in 2013:
DOMA singles out a class of persons deemed by a State entitled to recognition and protection to enhance their own liberty. It imposes a disability on the class by refusing to acknowledge a status the State finds to be dignified and proper. DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others. The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment. This opinion and its holding are confined to those lawful marriages.
As has been noted in several recent District Court judgments which I seem to recall reading or at least dreaming up, if you stir up the “State” and “federal” references in that paragraph and season it with a bit of Loving, you’ve basically written the final paragraph of Kennedy’s upcoming judgment in Obergefell v Hodges et al, et al for him.
It boggles belief that Kennedy would sully his legal reputation by overlooking or distinguishing his own judgments in Romer, Lawrence and Windsor in order to decide that States can go around to gays’ houses and poke them in the eyes with a stick if they ask to get married, not least due to the threat of Ruth Bader Ginsburg calling him a softcock in the lunch room for the rest of his career, and generations of law students thinking he’s a bit of a dick. I’m looking at you, Byron White.
I think Roberts will vote with the majority, because he is a man who always has both eyes, two soft hands and a buffing rag on his reputation. Barring accidents or Tony Scalia going berserko with an icepick, Roberts has another twenty or thirty years as Chief Justice. He knows that freedom to marry is coming, sooner or later, and he’s not going to miss his share of Kennedy’s reflected glory or allow the Roberts Court to hand down a Plessy v. Fergusonesque fuck-you-with-our-state’s-rights to the faggots, which the same Roberts Court is then going to have to overturn ten years from now, when gay marriage is legal everywhere but one or two bumblefuck places like Kentucky and New Hampshire, in a 7-2 decision written by Justice Ginsburg (Chief Justice Roberts and Justice Scalia dissenting) which consists only of the words “Motion granted because Anthony Kennedy and John Roberts are, and were, softcocks.” How embarrassment. How humiliation.
Besides, Roberts has more important matters to devote his attention to like gutting Obamacare and giving corporations the right to vote and bear children.
I’d love to see an RBG concurring judgment consisting of just a ten minute video loop of her reading out the best bits of Scalia’s dissents in Lawrence and Windsor and laughing her arse off, but I suspect she would not want to step on Kennedy’s moment of glory in any way, because RBG is class.
Scalia, to pick a counter example entirely at random, is not class, being, as he is, an arsehole. Scalia is going to be livid. He will rant. He will rave. He will pontificate and huff and puff and slaver about the coming dark days of people marrying hamsters and genderless bathrooms*, until his head explodes. It will be glorious, and a little bit like this:
* I’m not sure how one goes about marrying a genderless bathroom, or indeed any kind of room, but I’d give you fair odds that Brian Brown or Mags Gallagher will be railing against it sometime soon.
Her Madge is looking hot, although I suspect that in bed she’d be a bit bony, and grabbier than six seagulls on a french fry. Read the rest of this entry »
I do like grindr.
I get to see the boy who works down at the Safeway with his shirt off every evening. I know exactly how many gays are within 200 feet of me any point in time – always handy information in the event of a wardrobe malfunction or cocaine drought. One evening when we were in Portugal, there wasn’t a gay man with an iphone within 30 miles of us, which I found quite depressing. I’ve even been invited on several occasions to watch people do things to each other that I thought were impossible without elective surgery and ongoing access to a qualified physiotherapist.
Anyway, anything that helps my boys rub their pink bits together is good with me.
It does become a little silly sometimes, though. Late last year I was at a Romney fundraiser with Sandra Roberts. I had my phone on vibrate and every time I went near the toilets I thought it was going to explode. We spent so much time trying to work out which of the respectable Mormon youths at the next table was the flag-draped headless torso calling himself “Gingrichwife4” that we missed the speeches entirely. Always a blessing. We did, however, find time to bribe the kitchen staff to spike the chocolate mousse with so much laxative that I don’t think he (or anyone else at the dinner) was able to sit down for a week, let alone give Newt Gingrich access to his pink bits.
I quite enjoy Douchebags of Grindr, as a fine demonstration that where ever there are people, there will be dickheads as well.
I also confess that these boys and their drunk grindr made me laugh. So cute. So young. Such little shits.
I do know that the ginger one can come and sit on Grammy’s lap any time he wishes.
I have a soft spot in my heart for Australia, and I have spent a lot of time there over the years.
Usually I was visiting to check on my mining investments. I got into uranium on the ground floor after a particularly drunken weekend with the Roosevelts in early 1939. Once Eleanor had a couple of my special gimlets under her belt, you could get anything out of her (and I mean anything). It was a very lucrative couple of days.
I’ve also visited in a more professional capacity. After I had assisted in resettling Harold Holt into his new life as a Thai ladyboy, I got a bit of a reputation in the service for being able to speak Australian, and so I was sent there several times for fieldwork. For a few years in the 60s, it felt like we were overthrowing a new Prime Minister every year or so.
In between, I fell in love with Australia a little bit. What can I tell you? It’s a nation of burly footballers in short shorts whose idea of a big weekend is to not stop from the weekend before, and whose idea of moderation is to have a bit of a spew so more beer fits in. It makes decent wine and you can have good e and an ounce of dope delivered to your hotel room within an hour of your plane landing. It has hopping rats and tree bears and more things to make fur coats out of than you can poke a dead dingo at. What’s not to love?
Happily, there is a sanity still to their political discourse that has long been missing in these United States – if indeed it ever existed. It even extends (on occasion) to their legislatures – a right that hasn’t gone full nutcase and which sometimes recalls the old meanings of the words “conservative” and “liberal”, a centre that is actually in the centre, and a left that even gets to have a say in running the country every now and then.
I do love Michelangelo Signorile, perhaps most because he manages to be civil with people who would reduce me to a spluttering bundle of rage and/or have me breaking out the Ex-lax, and he therefore has the opportunity to slip in the knife so politely that I suspect many of his interviewees don’t realize how badly they have been cut until a long time afterwards.
I’ll let Michelangelo tell you the tale:
Today I interviewed North Carolina GOP state Sen. James Forrester (below is full audio, as well as a video clip), who sponsored a bill that put a measure on the ballot in that state for May that if passed would ban marriage for gays and lesbian in the state constitution. Forrester, who is also a doctor, had made outrageous, defamatory claims in a town hall weeks ago, saying that gay people die 20 years earlier than other people because of their supposed “lifestyle.”
This interview has to be heard to be believed: Forrester not only could not back up his claims with any evidence — after first trying to source the Centers for Disease Control, only to be debunked by me — but he actually acknowledged that he could be wrong. He eventually credited a Christian activist named Frank Turek (who is associated with Maggie Gallagher and the National Organization for Marriage) as his source of this bogus public health information. Forrester had said in his town hall some of his patients were gay men who died early deaths, yet didn’t seem to know anything about public health, including that, on a global level, AIDS drastically affects heterosexuals more than gay men. Later, he couldn’t answer why he wasn’t proposing a divorce ban if his goal is to save marriage, and couldn’t explain why gays harm marriage. He accused me at that point of trying to “trip” him up, after I asked some basic questions, and even said he wasn’t going to answer any more questions — though he stayed on the line when I said it would be cowardly of him to leave.
“Well, I want to thank you for speaking to me. I’m sorry that you couldn’t answer the questions. I think it speaks to your own lack of education about this and your lack of answers, which is pretty appalling for a legislator, and I think the entire country is now seeing you embarrass yourself and embarrass the state of North Carolina. Thankyou for coming on today.”
These people are appalling. Read the rest of this entry »
Some of you may have noticed that I post a fair bit about the gays, particularly on Balloon Juice.
Now, some people have asked, with some justification, “Sarah, as a proud, if fictional, Republican Catholic Woman, how is it that you, of all people, are a friend of the homosexual?”
My usual answer is that I am a 92 year old woman in nursing care who likes to get dressed up in bespoke clothing and expensive shoes, get trashed on fine Dutch ecstasy and then go out for a big night of opera and dinner followed by a great deal of loud repetitive music played in dark rooms full of sweaty men, which ends only when I wake up between a Brazilian masseur called João and his even cuter, even better hung brother Jorge, both of whom really like to share.
If it weren’t for the gays, I’d be ugly, naked, barefoot and dead of boredom within two weeks.
I love my gays. And Grammy never said no to a nice pair of boobs, either, if they were offered politely and with good grace.
Indeed, I love all colors of the LGBTTSQQIAPOAO rainbow because I believe that anyone should be able to do anything they wish with their hearts and other squishy pink bits as long as it doesn’t hurt anyone else, even if I do have problems remembering what that second Q and both of those As stand for.
It’s certainly better than when I was young, when the accepted terminology was either “queer”, “poor sad Uncle Tommy”, or “Mummy’s friend Roger who does such wonderful things with satin and whalebone”.
Things have certainly come a long way since then. I understand that in some states the gays are even allowed to buy houses together and visit each other in hospital (although not in the South, of course).
Even worse for the Christianists, a number of polls now suggest that a majority of the American population supports the idea of gay marriage, with dramatic increases in support in the last 12 months among Democrats, Independents and people aged under 35.
Most of this change in opinion seems to have come about due to the use by gay and lesbian people of such pernicious and unfair tactics as coming out to their families and workmates and brazenly pretending to be normal, ordinary people.
Thankfully for the opponents of gay marriage, Ben Fucking Shapiro, the man who puberty forgot – last seen revealing to a stunned world that MASH had an anti-war agenda – has his eyes open to this threat to everything that real Americans believe in, and has appeared on the 700 Club with Pat Robertson to sound the alarm.
In what looks for all the world like a really fucked up episode of Mister Rogers’ Neighborhood, Pat laments how straight actors like Heath Ledger and Tom Hanks are being forced by Hollywood to play gay in order to win their Oscars.
Ben, in his turn, notes that:
They create a set of characters who you spend more time with, in many cases, than your own family unfortunately, people who are funny and witty and who you really want to spend hours on end with, and then they take those people and they have them pursue behaviors that really don’t agree and don’t accord with your personal values and it makes it very difficult for you to then disown those values. …. It makes it difficult for you to say I’m anti gay marriage but I like watching Will and Grace.
I suspect from his wistful tone that Ben likes watching Will and Grace a little too much, but also note that if his awareness of current gay friendly shows extends only to Will and Grace, he needs to get out a bit more more.
Anyway, gay marriage will come one day, my dears, even in America and despite Ben and Pat’s best efforts, because every day more and more people look at their gay children and their gay uncles and aunties and their gay workmates and, yes, even at that nice Doogie Howser, and realize that stopping them marrying the person they love just doesn’t make any sense.
I just hope Pat Robertson is still alive to see it.
[Personal message to Charles: Dearest, Don’t tell your mother but Aunty knows you’re gay. She’s just happy you two boys finally found each other.]
[Cross posted at Balloon Juice.]