Tag Archives: Chief Justice Roberts

LGBT History Month 2013: The Death of DOMA!

26 Jun

Constitution-No-DOMAToday marks a landmark decision from the United States Supreme Court and a victory for the LGBT community.  Clinton’s legacy of the Defense of Marriage Act (DOMA) is now dead.  Even now, I am having to write this article through tears of joy!  The unconstitutional, shamefully discriminatory DOMA has finally been put to rest.

The 5-4 decision found Justice Kennedy siding with the reliably progressive Justices Bader Ginsburg, Breyer, Kagan, and Sotomayor. The ruling is quite clear, emphasizing that by ignoring state marriage law, the federal government violated the Fifth Amendment. It reads, in part:

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. By seeking to displace this protection and treating those persons as living in marriages less respected than others.

Of course, Scalia and his other school yard bullies  (including homophobic Chief Justice Roberts) voted to keep DOMA intact. They put forward a few different rationales, but basically relied on the “gays are icky” defense.  Sadly, Chief Justice Roberts who holds enormous power, has sent a clear message that he does not intend to treat all citizens equally or equitably.

Congratulations to Edie Windsor, whose steadfast insistence on having her marriage recognized moved this case forward. She is a true hero and her legal team deserves our thanks.

We still have a way to go. The patchwork of state-by-state marriage equality means that LGBT Americans get different rights based on where they live. This decision, however, makes it clear that marriage is marriage. That’s a huge step forward.  Poor John Boehner who spent so much of our tax payer dollars defending DOMA.  Is that a tear I see, Mr. Boehner?

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Hero of the Week Award: June 29, U.S. Supreme Court Justices Ginsburg, Breyer, Roberts, Sotomayor, and Kagan

29 Jun

Hero of the Week

This week we celebrate an enormous, surprising decision. With a 5-4 majority, the U.S. Supreme Court upheld the main components of the Affordable Care Act. Significantly, they found the individual mandate, bete noir of the Radical Right, to be a reasonable congressional act under the authority to tax. Given the court’s rightward tilt of late, America was stunned. We’re pretty shocked here at TSM, too. Awarding a majority SCOTUS opinion the HWA is not anything we thought would happen any time soon.

This is a major victory not just for President Obama and the Democrats who worked so hard to pass even a mediocre health care bill. It is a victory for all Americans. The ACA, however flawed, is a significant step toward real care for all Americans. Without it, the poorest and the disenfranchised would continue to suffer, sicken, and die. Disproportionate impacts would be felt along racial, gender, and class lines, making it harder  and harder for those with the least to ever succeed. This Constitutionally sound victory — complete with a cease-and-desist order on the current challenges to the ACA — should let us move forward as a nation. We’ll see how the Republicans in Congress (John Boehner was crying so hard he called off his press conference!) try to cock it all up.

It’s fun to speculate why Chief Justice Roberts joined the more liberal justices in this opinion, just as it is important to note that Justice Kennedy has put the final nail in the coffin of his “swing vote” status. Roberts’ reasons don’t really matter, however: he did the right thing. We all owe these five Justices a debt of thanks this week. (For a great guide to the legal aspects of the decision in straightforward layman’s language, the ever excellent Ari Ezra Waldman has an analysis here.)

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