Friday, June 28, 2013

SUPREME COURT: DOMA is unconstitutional...





Well the Supreme Court rules that the DOMA (Defense of Marriage Act) is unconstitutional as it should have.

Anthony Kennedy, the “swing” judge will go down in history as the most important judge in our time and mainly because he was a “swing” judge that voted with his conscience and intellect and not some strict, unmovable and therefore subjective (not objective) dogma; he alone made a huge difference in the 5-4 decisions of the Supreme Court throughout the years.

The court did not issue a black or white ruling and therefore opening the door to many more legal battles to come. It did declare DOMA unconstitutional which means that denying gays federal benefits available to heterosexuals in a marriage, is just not fair and therefore unconstitutional.

What it did not rule is that gay marriage is a constitutional right and should be legal in the entire country. Michigan has a law banning gay marriage voted in by Michiganians a few years back. If a person is married in a state allowing gay marriage, are their rights legal in Michigan which does not allow gay marriage.

Democrats in Michigan are already putting forth legislation to declare gay marriage legal in the state and because the mood of the country has shifted so dramatically into a pro-gay stance, the new legislation is passable. Why the dramatic change in the mind-set of the country…later.

I was more interested why the conservative judges like Scalia voted against repealing DOMA. Scalia, being the twit he is, said that the court should not go against laws passed by the legislature in such a fashion (without serious legal rationale) even though the legislators that passed the act now disown it and want it killed. But on the other hand, the idiot judge, sometime before, railed against allowing Obamacare to stand even though it was also passed by the legislature; I guess he just does what he is told to do.

There is no mistaking the shift in the mood of the country and a compelling reason against those who object to the legalization of gay marriage is basically, it hurts no one, it makes economic and social sense and if you think your religious beliefs are somehow being trampled just remember that we have no national religion or specific religious dogma in our laws; we are a secular nation.

On the other hand, if you do want a religious rationale then just consider God creating gays and not allowing them to marry and therefore to be happy; what an asshole of a God he would have to be and since some Christians created their God in their own image and to think the way they do and therefore give their ideas some type of divine credence, those Christians must be assholes too…did I just say what I think I said?

Anyway, there is national happiness for the time being, I am proud of our nation and let the legal fireworks begin…we truly live in historic times.

 

 

 

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