Skylar
Diamond Member
- Jul 5, 2014
- 53,766
- 16,194
Then why did they reiterate 56 times in Windsor 2013 that gay marriage is up to the states?
You already know the answer to that question.
The specific legal question being asked the court in the Windsor ruling was if Federal marriage laws could refuse to recognize a marriage that State marriage laws did recognize. The Windsor court found that no, Federal marriage law couldn't, as State marriage law trumps Federal Marriage law.
Which you've bizarrely interpreted as State marriage laws being immune to judicial review, and gay marriage bans being constitutional. Neither of which the Windsor court ever ruled. The Windsor court contradicted the first part of your assumption directly:
Subject to certain constitutional guarantees, see, e.g., Loving v. Virginia, 388 U. S. 1, “regulation of domestic relations” is “an area that has long been regarded as a virtually exclusive province of the States,” Sosna v. Iowa, 419 U. S. 393.
Windsor V. US
Affirming that all marriage laws are subject to constitutional guarantees. Yet you pretend that there are no such constitutional guarantees and omit this passage from your every citation of Windsor. Despite the fact that EVERY challenge to gay marriage bans being heard by the SCOTUS this year are on the basis of these very constitutional guarantees.
All of which you already know. But really hope we don't.
Worse, Justice Roberts explicitly contradicts your latter assumption that gay marriage bans were found constitutional by the Windsor ruling:
"The Court does not have before it, and the logic of its opinion doesnot decide, the distinct question whether the States, in the exercise of their “historic and essential authority to define the marital relation,” ante, at18, may continue to utilize the traditional definition of marriage."
Chief Justice Roberts
Dissent on Windsor V. US
Explicitly contradicting your assumptions. Windsor never even mentions gay marriage bans. Let alone finds them constitutional or authorizes them in any way. All of which you already know.
Even Justice Scalia, an adamant opponent of same sex marriage, has recognized that the Windsor ruling indicates the court's support for gay marriage 'beyond mistaking. And concludes that the court's overturning of state gay marriage bans as 'inevitable'
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. As I have said, the real rationale of today’s opinion, whatever disappearing trail of its legalistic argle-bargle one chooses to follow, is that DOMA is motivated by “ ‘bare . . . desire to harm’ ” couples in same-sex marriages. Supra, at 18. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.
Justice Scalia
Dissent on Windsor v. US
With Justice Scalia insisting that the SCOTUS will use the very reasoning of the Windsor ruling to overturn state gay marriage bans.
But you know better, huh? Sorry Silo.....but your utterly clueless. And don't have the slightest idea what you're talking about.