And Now There are 14

I was just drafting up a post about why Governor Christie should simply drop his appeal of the New Jersey lower court's ruling to permit same-sex marriage when the governor's office announced that's exactly what he will do.  The New York Times reports here that the governor will enforce the law and permit same-sex couples to legally marry in the state of New Jersey.

We are state number 14.  Well done, New Jersey.  Well done.

Marking Justice Scalia's Words

Ten years ago this very day, in his dissent from the ruling in Lawrence v. Texas, Justice Scalia issued a "mark my words" warning: the gays will want marriage next, he said (well, in so many words).  Justice Scalia was right, of course, as gay Americans were already maneuvering a series of marriage lawsuits back in 2003.

Today, gays affirmed that Justice Scalia was right.  And we did it with the help of the Supreme Court, who struck down the federal Defense of Marriage Act (DOMA), characterizing it as an act discrimination motived by "animus."  The Court invoked equal protection matters (the same argument used to strike down the Texas Homosexual Conduct law).  The Court also ground its ruling in an understanding of federalism that permits states to make their own marriage laws.

Wow.  This is a really big deal.  I'll have a lot more to say soon enough.  But for now, I'll be out celebrating my equality under the law.

Supremely Anticipated

Per its habit in recent years, the Supreme Court has waited to the last week of its current session to issue a host of big-ticket decisions, four of them in total.  The Court typically offers opinions on Monday or Thursday, though they can issue opinions whenever they damn well please (including waiting until the next session if they choose).  But most Court observers think it will be this week.

Two of the expected decisions have to do with same-sex marriage and two others deal with race, the Voting Rights Act and affirmative action, respectively.  Full analysis of the issues in the cases (and the decisions when they become available) can be found at the Scotus blog website, which is really the best source for quick information about the decisions that is solid, plain-spoken, legally rigorous, fact-based analysis.  Unlike the hyperbolic mainstream media, Scotus blog is careful to get things right.

I figured it would be fun to make a few predictions about the same-sex marriage cases and to do so in public, so here are my thumbnail predictions.  In Windsor v. U.S., the case which challenges the constitutionality of the Defense of Marriage Act (DOMA), I predict the court will strike DOMA down, arguing that it is a violation of states' rights in our system of federalism.  The federal government allows states to set conditions for marriage and therefore will be told by the Court to live by this standard consistently.  This won't mean that gays can marry everywhere, but it will mean that in the twelve states that permit gays to legally marry, those same-sex married couples will have federal marriage rights as well.

The second same-sex marriage case, Hollingsworth v. Perry, is about the constitutionality of California's 2008 Proposition 8, a state constitutional amendment that banned same sex marriage in the Golden State.  The Proposition followed on the heels of a California Supreme Court decision that legalized same-sex marriage.  Because it was a state Constitutional amendment, it trumped the California Supreme Court ruling.  This case is a morass of confusion because the state of California refused to defend its law, making it possible that the Supreme Court will reject the case for lack of standing (the right to appear before the Court).  If the Supreme Court does issue a ruling, I think that it will hinge on the position that the Court took in Colorado's Amendment 2 in a 1996 case called Romer v. Evans.  In that case, the Court advised Colorado that amending its constitution to specifically limit the rights of specific groups (in this case, gays) was a violation of the 14th amendment equal protection clause.  This precedent could be applied to California's Proposition 8, should the Court elect to offer an opinion in the case.  I think that is what the Court will do.

In both cases, then, supporters of same-sex marriage will enjoy a victory that reflects the shifting public opinion on the issue of same sex marriage.  Call me an optimist, but I think it's going to be a good week for gays.

A List of 12

For the past year, T and I have been idly maintaining a list of the states we might move to when our time in New Jersey is through.  I like New Jersey well enough, of course, but it is expensive to live here and neither of us is native to this heavily over-populated region.  We'd both like to live in the quiet woods some day and we need some woods that are affordable.  Some of this is idle-daydreaming, of course, but that's a lovely thing to do and so we indulge.

When this activity first began, loads of states were in the list.  Some were clearly places I favored thanks to my fondness for sweet tea, thick accents, and magnolia blossoms  (looking at you, Tennessee, Virginia, and North Carolina).  Some were places that are known to be friendly to gays.  That would not be Tennessee, Virginia, and North Carolina, but did include places like Washington and Vermont.

In the last year, as support for same-sex marriage rights have exploded, it's become increasingly clear that the only sensible choice is to consider states where we can enjoy a full complement of legal rights.  That's a happily ever-expanding list these days.  More to the point, the realization that some states really get it while others emphatically don't has meant that even including states where discrimination is still legal is a ridiculous notion.

See ya, Tennessee, Virginia, and North Carolina.  Welcome aboard, Maryland, Delaware, Rhode Island, and Minnesota.  It's a heady time for those of us interested in equality.  It's thrilling to see such progress, not only for the rights of my family and loved ones, but also for the hopeful sign it gives young people just coming to terms with who they are.  

The list of states looking out for equality includes plenty of places I would happily consider living.  Though it once seemed like a remarkable prospect, I now take such a circumstance for granted.  Twelve states, representing the homes of nearly one-fifth of the nation, actively protect the rights of all of us.  That's an impressive number and that it's likely to grow even larger is empowering.