Marriage Equality Decisions

Shortly the US Supreme Court will decide the “Marriage cases”. It would be welcome if the Court set the Federal floor on equality and made gays and lesbians equal citizens such that they could no longer be the target of expressly discriminatory laws. The Country as a whole is moving away from those tactics and is now realizing that is is about the relationship of all citizens to our government. Nothing less than full equality should be the benchmark. However, if my predictions are accurate we will continue to have fractured equality. The California Marriage case is likely to be dismissed for lack of standing. That would establish marriage equality in California, but not everywhere, which in turn means that at the Federal table, gays and lesbians are served fewer rights than their straight counterparts. The DOMA case may also be dismissed on standing grounds. That would mean DOMA is declared unconstitutional in the Second Circuit, but again would not set the Federal floor on full equality. Edith Windsor would receive her retirement fund back, but there will be another Edith Windsor in a different circuit waiting for the Federal government to take her retirement because of legal inequality by its hand. We are a formidable country and we are better than this. We understand that what makes the US great is not just the ideal of equality, but achieving actual equality for us all. We can hope at least five justices see the wisdom and necessity of this and rule accordingly.

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