So cool: Judges basing gay-marriage rulings on emotion, not law

So cool: Judges basing gay-marriage rulings on emotion, not law

[Ed. – And isn’t it ironic?]

“I think what’s behind it all is that when you talk repeatedly in your [Supreme Court] opinion about the dignity of gay people in relationships, how do judges rule the other way?” Roberta Kaplan, the attorney who argued against DOMA before the Supreme Court, told TPM. “What possible reason could judges use for denying equality for gay people?”

In fact, the judges “explicitly say they’re doing this because of Windsor,” she said.

Adam Winkler, a professor at UCLA School of Law, who supports marriage equality, said that “[c]ourts today are finding in Windsor strong support for the idea that denials of marriage benefits are based in anti-gay attitudes, not valid public policy goals. The Court in Windsor purposefully avoided ruling on the constitutionality of a marriage ban, so it’s not a matter of following [or] not following the Court. Kennedy purposefully kept the window open for courts to strike down marriage bans.”

Scalia saw this coming. “In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today’s opinion,” he wrote in his barnstorming DOMA dissent. “As I have said, the real rationale of today’s opinion … is that DOMA is motivated by ‘bare… desire to harm’ couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.”

Judges in Utah and Kentucky have, with a heavy dose of irony, referenced that comment by Scalia in their rulings against anti-gay-marriage laws.

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