An upcoming Constitutional Crisis… Same-sex Marriage.

I had an exam in a State and Local Government class where we were asked about the “Full Faith and Credit Clause” of the United States Constitution.  I see a very big crisis coming in the future with Article IV here, very soon…  What do you think? Continue reading

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SCOTUS’ Summer 2012 “Flood Week” Decisions…

English: The inscription Equal Justice Under L...

English: The inscription Equal Justice Under Law as seen on the frieze of the United States Supreme Court building (Photo credit: Wikipedia)

With the Supreme Court’s final week of the season upon us, several high profile decisions will likely be rendered — many of which will no doubt have major ramifications in the future.  I think I have an idea of what they’ll do; and I believe the following is going to be announced in short order:

Affirmative ActionWhile I don’t agree with it, it’s true that people of color are NOT on equal footing.  Despite having a Black Commander-in-Chief, people of color still earn, on average, 64 cents on the dollar compared to their white, similarly credentialed counterparts.  I agree that race can never be a BFOQ, so until this problem is solved, I believe minorities deserve special protection.  I expect this to be upheld.

Voting Rights:  Drawing from above, it’s obvious that discrimination still exists — even in the 21st Century.  I expect Federal Oversight in areas that discrimination is historical will continue.  I expect this to be upheld.

Same-Sex Marriage:  Probably the hottest item for the news this season for the Supreme Court, and one I care about too, is Same-Sex Marriage.  Generally, the Court has ruled in favor of civil rights historically — but one with such a broad re-definition of the legal rights involved in marriage and benefits I think is unprecedented.  I see the following happening relating to Same-sex Marriage:

– DOMA will be ruled unconstitutional.  It’s a discriminatory law, and I believe a violation of the Equal Protection Clause — so I expect it to be dissolvedwhich brings us to the next item in the ruling:

– California’s Proposition 8 I expect this to be upheld.  I expect the Supreme Court’s majority opinion to be that that Same-sex marriage should be a States’ Rights issue, and allow States to determine the law when it comes to redefining marriage — allowing States to keep laws on the books that allow for it, and those who have laws against it to do so as well.  That said, I also believe that, in accordance with DOMA being wiped out, that those who are married, Same-sex or otherwise in States that allow it, will now be entitled to receive Federal benefits.

These are just conjecture — based off my experience and personal expectations.  Take them as you will.

To Gay Marry or Not to Gay Marry? That is the question. Wether ’tis nobler…


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There’s no shortage of opinions when it comes to gay marriage.  That’s for sure.  The fact that California’s Proposition 8 made it all the way to the United States Supreme Court is a final testament to that fact, I think.  Regardless of the upcoming outcome, now that the official arguments for Prop 8 are over; and the arguments for the Defense of Marriage Act are now set for tomorrow morning — we’ve got a lot of possible landslide legislative and cultural changes up and coming within just days.

One argument is the notion of effectively separating the institution of legal marriage into two parts, “marriage,” between a man and a woman, and “civil unions,” apparently, between any two people, with the same benefits of marriage — just… not.   In other words, “Separate, but Equal.”

Haven’t we already figured out that that doesn’t work?