Excessive optimism


Going Forward

As I mentioned yesterday, my hope is that the U.S. Supreme Court will rule some time this summer that all state laws prohibiting civil marriage between consenting adults of the same sex are unconstitutional because they deprive certain citizens of equal protection under the law (the Fourteenth Amendment).

It seems so obvious and simple to me that this is what needs to be done because California’s Proposition 8 and the federal Defense of Marriage Act (DOMA) are so clearly discriminatory against a certain group of people on no legally defensible grounds. But apparently that view is both naïve and excessively optimistic at this time.

A friend of mine who is well-versed on the matter pointed out to me that although the Court may, someday (say, 20 or 30—or more—years from now) find DOMA and Prop 8 and other laws like them to be unconstitutional, they are not going…

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