The Supreme Court of the United States just issued its long-awaited ruling on the gay marriage cases pending before it. In a stunning decision that surprised constitutional law scholars on both sides of the aisle, the Supreme Court struck down marriage as unconstitutional.

In a 5-4 decision authored by Justice Scalia, the high court ruled all marriage laws violate the Constitution. “Nowhere in the Constitution is marriage mentioned.” Scalia’s opinion stated. “As a strict constructionist, if it isn’t in the Constitution, the government has no business regulating it.”

“Our founding fathers knew about marriage, and if they wanted to include marriage in the Constitution, they would have. But the Constitution is silent on the issue. One searches in vain through the Federalist Papers and other correspondence written between the founding fathers for any mention of marriage as a Constitutional right.”

“On the other hand, the pecadillos of Ben Franklin are well-known. And that Thomas Jefferson fathered out-of-wedlock children is indisputable.”

“But the case was made, and the point well taken, that marriage is a sacred institution, ordained by God. That being said, the First Amendment compels but one decision, and one decision only. All laws respecting the institution of marriage impermissibly impinge on the First Amendment’s “wall of separation” between church and state.”

“While prohibiting some people from getting married based solely on their gender may be violative of the 14th Amendment’s equal protection mandates, we do not reach that decision today. For today we must reach a different conclusion. And that conclusion is that all laws respecting the sacred institution of marriage are unconstitutional and are hereby declared null and void.”

Justice Thomas concurred, writing, “What he said.”


131 thoughts on “The Watering Hole: Wednesday, 6/26/13: SCOTUS DECLARES MARRIAGE UNCONSTITUTIONAL!!!

  1. LOL! Love Thomas’ concurring opinion. Surprised he doesn’t actually write that, although joining another Justice in his or her opinion amounts to the same thing.

    For me, to allow a government official to say a prayer to “God” endorses Monotheism and is an affront to Polytheists (they’re still around) and Atheists, especially if the person saying the prayer claims to be speaking to “the one true God” (or to Jesus, specifically.)

    • Also an affront to those of us who are, in the classic Edward Abbey sense, NON-theists (non-theism is a step beyond atheism in the sense that while atheists do not believe in god, we who are non-theists all agree that there is no god that’s even worth NOT believing in)

  2. I guess this means that “Wife Swap” and “Divorce Court” will be going off the air.
    Darn, those were such fascinating programs.

  3. Based on my reading this morning, I understand the Texas Republicans were thwarted in their efforts to restrict reproductive choice by State Senator Wendy Davis and her colleagues. Even after her filibuster ended, procedural tactics were used to run out the clock.

  4. QOTD:

    “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.” — Justice Anthony Kennedy, on DOMA.

    • It lacks a lot more than legitimacy, imho. But then, so does the entire breadth of the conservative “movement” in Amurka. Lacks principle, lacks intelligence, lacks the facility for cognitive thinking, for logical conclusion. Only things it doesn’t lack are (irrational) hatred and fear.

      Allathat is typically 5-4.

    • God was apparently OK with polygamy for a very long time, judging by the OT. Why did he wait so long to “define it” differently? Maybe it was a political decision by God, much like the Mormons made.

      It does look like I need to start shopping around for a mate since we’re all going to have to get gay married.

    • As I pointed out once on the twitter (and will again when I get home tonight), Native Americans were marrying each other long before anyone introduced them to Christianity. Marriage does not “belong” to Religion.

      Want to know something else the Native Americans did that would blow Fischer’s mind? It was not uncommon for a father to arrange for his son’s first sexual encounter to be with the boy’s aunt. And they didn’t have the hangups about sex and nudity that permeate today’s American culture.

      • Yeah, he could end up somewhere. I think he is shortstop only though and that limits his places to go. Hopefully he can get back to the bigs.

  5. So, gay people of color can get married, but they can be denied their right to vote if a state hates either their color or nationality.
    Makes sense for the SCROTUS.

  6. And in other good news, the Democrats held on to Kerry’s seat in the Senate. Yay!

    And I gotta say it: Wendy Davis is HOT! It’s nice having hot heroes, IMO. Oh, and the entire GOP Texas Senate is a bunch of pricks.

  7. Yeah for Marriage of loving people. Now, I can’t wait to see the outcome of the law banning Christianity. What? There is no such thing? Wow, it sounds like it from anti-(fill in the blank) crowd.

    • A law banning Christianity. That’s one that wouldn’t bother me even a tee-tiny whit. Don’t know, offhand, what to do with all those churches, but give me a minute, I’lll come up with something to make them actually useful.

      • My parents live in a small town in Manitoba that is VERY religious and has many churches. One of them closed a number of years ago. Why I don’t know. But someone bought it and now it’s a concert and theater venue! Naturally most of the music is of the religious type, but hey, good use of space.

        • Speaking as a non-theist who has often enjoyed listening to the Mormon Tabernacle Choir perform Handel’s Messiah, and The Battle Hymn of the Republic, etc, I can honestly say that yes, there is ‘music of the religious type’ that is more than worthy of applause, and I do indeed applaud both the inspiration and the product. My sole position on religious matters, really, is that everyone should be allowed to believe whatever they wish . . . and, in so doing, allow me and all others the same privilege. Understand that I don’t ‘believe’ as some do. If only we could all leave ‘it’ right there, then there might be reason for hope.

          • For all the bullshit war on Christmas O’Reilly and his ilk spew I have been to many school concerts from preschool through high school and now college and they all sing religious songs and they’re all public schools.

            • Except for that famous Christmas ballad that was written about and for Bill O’Reilly:
              “I came upon a midnight clear.” I think he sang that when he was doing the chick in his office . . . don’t recall whether it was December, but no matter — Jesus wasn’t born in December anyway, ‘cept in certain myths. etc.

              War is hell. Somebody said that once. Twice, maybe.

          • Agreed. Live and let live.

            While I don’t get why my sister and her family are so fervently religious, I’ve never told them (or even hinted) that they shouldn’t believe what they want to believe. On the other hand, my sister and her stupid husband can’t get enough of telling me that my atheism “hurts their feelings,” and how I’m going to burn Hell forever. Naturally, they say they “respect” my right to believe or not. 🙄

    • Ummm. Mikey? Jeebus been dead these some two thousand years.
      And you play a crappy bass guitar…
      And, I recall the buybull saying he cured the blind, the lame and lepers, but no mention at all of his curing gays…Hmmm.

  8. Unsurprisingly, Justice Scalia wrote a scathing dissent, and dear Justice Thomas chewed gum throughout the entire proceeding.
    George Takei

    • Interesting that it’s apparently OK amongst Wingnuts that SCOTUS dismissed voter suppression premises because they’re forty-some years old and therefore are OBVIOUSLY no longer valid, but it’s a fucking SIN AND CRIME AGAINST THE GREAT GOD in wherever to allow two people who are in love, to marry. When did THAT become a crime, btw?

      My take on the matter is that HATE is . . . ummm . . . a constitutional mandate, apparently. And yes, I do recall that black folks are, indeed, only 3/5ths of what, say, Scalia (whitey) sees himself as, and why should THEY be allowed to vote when THEY might just somehow wind up tipping the scales in the WRONG way?

      Shit. Next thing you know, Injuns will think THEY have rights too. Must be diminished brain power brought forward for all to see by dark skin and dark eyes, black hair, etc. All that stuff that proclaims inferiority.

      I’m really getting sick of this shit. I mean, REALLY.

      Idiots are amusing, typically . . . until they gain the upper hand in the power structure, and then maybe not so much..

  9. One of my RWNJ acquaintances is happy about the SCOTUS decision because it makes Clinton look bad for pushing DOMA.

    Their hatred has no bounds. (Or logic.)

  10. And, in the Republic of Texas, they’re NO 1!!
    Sad bunch of people. Maybe they should pass a law that every man woman and child carry a loaded gun with safety off 24X7…Then the population cull would remove the need for the death penalty.

  11. QOTD II:

    “By overturning the Defense of Marriage Act, the Court recognized that discrimination towards any group holds us all back in our efforts to form a more perfect union. We are also encouraged that marriage equality may soon return to California. We applaud the hard work of the advocates who have fought so relentlessly for this day, and congratulate Edie Windsor on her historic victory,”
    – President Bill Clinton, who signed DOMA into law, insisted it was constitutional at the time, double-crossed the gay activists who originally funded him, ran ads in the Confedera — uh, South, bragging of passing DOMA, doubled the rate of gay discharges from the military and signed the HIV travel ban into law.

    To quote Batshiat Shellie: “Choot-spa.”

  12. Perry calls second special session — abortion bill back on the call

    “Texans value life and want to protect women and the unborn. Texans want a transportation system that keeps them moving. Texans want a court system that is fair and just,” Perry said. “We will not allow the breakdown of decorum and decency to prevent us from doing what the people of this state hired us to do.”

    • Yo! Prick Perry! Don’t forget to pass the law banning women from wearing shoes and not bearing children while they work in the home…And you can tack on having to be escorted by a male family member when out in public!!
      Hmmm, where have I heard that stuff before….?

    • Texans want a court system that is fair and just,” Perry said as he pulls the switch on the execution of Texas’ 500th person to be killed by the state.

  13. Tammy Duckworth blasts federal contractor who got preferred status for prep-school football injury

    “I’m so glad that you would be willing to play football at prep school again to protect this great country. Shame on you, Mr. Castillo. Shame on you. You may not have broken any laws […] but you certainly broke the trust of this great nation. You broke the trust of veterans. Iraq and Afghanistan veterans right now are waiting an average of 237 days for an initial disability rating. And it is because people like you who are gaming the system, are adding to that backlog so that young men and women who are suffering from post-traumatic stress, who are missing limbs, cannot get the compensation and the help that they need. […] You who never picked up a weapon in defense of this great nation very cynically took advantage of this system.”

    Slapped the shit outta him.

  14. Paul Wellstone voted for DOMA in 1996, so note to myself, go easy on Clinton. Politics is a dirty game that is always about maintaining power, no matter how progressive or conservative your politics may be.

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