Supreme Court Approves Gay Marriage

Who says the Supreme Court is not a political body. They proved it once again with the vote on gay marriage. Roberts was against it but some feel he was secretly glad that it was approved. His objections seemed to be more on technical legal grounds. Scalia is a different story. He was apoplectic and is probably convinced that this is the end of America. He also complained about an activist court. That is ballsy considering the number of activist decisions he has been involved in from deciding a Presidential race to considering a corporation to be a person and allowing unlimited money into political campaigns.

 

On the other hand, the usual swing vote, Justice Kennedy, wrote the majority opinion and compared the decision to allowing whites and blacks to marry. If Scalia had been a justice for that decision, we know where he would have come down on that one  as well.

 

Battle Isn’t Over

But, the battle isn’t over. In many states there are still no workplace protection for gays. It is still entirely possible that if they get married, they can be fired for being gay. That is allowed by the law in over half the states. Naturally the Catholic church was against this decision as well as conservative Christian groups and the Mormon church. One judge in rural Alabama decided that in order not to marry gays and at the same time to not go against the Supreme Court, he wasn’t going to issue any marriage certificates at all.

 

The decision made sense in that it didn’t force the decision down the throats of various religions and require them to perform religious ceremonies marrying gays. Each church/religion can make their own choice about how they want to handle gay marriage. But gays can no longer be denied marriage and can get married in a civil ceremony or in a denomination that allows it.

 

Gay and lesbian couples will get marital rights now in all states, although straightening out the paperwork might take a little while. One area where there might be problems is with parental rights. States have no problem with biological parents but in a lesbian couple, only one is the biological parent and for gay couples most likely neither is the biological father although it is possible one could be. In Utah, there is a legal case where the state has been sued to have both lesbian parents names on the birth certificate.