The sound you hear is the sigh of relief from the LGBT community, the LGBT supporters, the pro-equality young voters, and everyone who has ever believed that no legal body has business of dictating what qualifies as a marriage.
Considering the abysmal ruling on the VRA, and the earlier ruling on the Fifth, I’m a little concerned about the mixed messages from the Supreme Court. Look at the big picture that these three decisions are painting: your silence, which has been previously protected under Miranda v. Arizona, can be used against you. The voting districts can get redrawn with no repercussions, which, in theory, can be turned against the GOP. And yet, on top of all this, same-sex marriage is a legal reality that is, right now, in legal equal standing with a hetero marriage.
Could it be that maybe, possibly, Clarence Thomas saw that if he went against DOMA, then he’d be a hypocrite?
Nope. Would you believe that he dissented? Of course. And he conveniently ignores, again, that his own marriage was illegal 50 years ago. Further proof he can’t see the forest through the trees, to the detriment of the country’s citizens.
The one part about this decision that I don’t like, which technically cannot be legally allowed to stand in totality of circumstance in this decision, is that a state is still allowed to not recognize a same-sex marriage performed in another state. That is a problem. However, if the key parts of the law are proved unconstitutional, which they were, then that provision too is not valid. Federal trumps state, and especially so with a SCOTUS decision.
Again, going back to the mixed messages: I’m not sure how, or if, I like the current slew of SCOTUS decisions. On one hand, the pro-LGBT victory gives me hope that maybe there’s a way to, eventually, overturn the current judgment on the VRA. On another hand, I look at the anti-Fifth decision and the VRA and really don’t like what it means for minorities. But, with the DOMA strikedown, the SCOTUS is showing that there is room for improvement.
The battle continues…