Friday, April 3, 2009

Hurrah!!! Iowa Legitimizes Same-Sex Marriage!

The Iowa Supreme Court has ruled that banning or prohibiting gay marriages is unconstitutional!

Well, OF COURSE it is!

Apparently--or possibly, now, at any rate--the issue will never reach the SCROTUS where, given its composition for the foreseeable future, its fate was probably less than certain. It should have been a foregone conclusion: Slam-dunk, First and 14th Amendment protection. Prohibitions have an intrinsically and inherently religious foundation; that much is evident from the rhetoric of the prohibitors. Ergo, an out-right violation of the "Establishment" clause. If that weren't enough, the violation of the 14th Amendment's prohibition of the selective recognition of rights would, in any honest venue, be determinative.

Of course, the SCROTUS--with its Opus Dei majority, and its connections with a right-wing RC parish in DC--is not an honest venue anymore (if it ever was). How did a secular State put a majority of reactionary sectarians in the position of adjudicating the fundamental principles of a liberal document?

As an aside, few people seem to recognize what an outlier, what an anomaly in terms of the history of the Court, was the Warren Court.

1 comment:

P M Prescott said...

This will be the cultural battle that replaces Abortion to keep the sheep voting against their own self interest.