Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsJudge Gives Finger To Scalia, & Mocks the betoqued-for-pomp-circuses Cassandra of the SCOTUS
..........the ruling read very much like a basic civics lesson about the way that the Constitutions protection of individual rights may sometimes override traditional moral and political preferences, and even trump the expressed wishes of a political majority.
http://www.scotusblog.com/2014/02/kentucky-ruling-on-same-sex-marriages/
http://www.scotusblog.com/2014/02/kentucky-ruling-on-same-sex-marriages/
In Kentucky on February 12, Judge John G. Heyburn of the US District Court Western District of Kentucky (appointed by Dubya Daddy Bush, for those who are keeping score) found (pdf) that the provisions of the Kentucky constitution and statute which which provided that the state could not, and need not, recognise same sex marriages solemnised outside Kentucky violated the Fourteenth Amendment, and were therefore invalid.
............Heyburns decision is similar in many ways to Shelbys, not least because Heyburn gets a goodun or two in on Tony Scalia, the betoqued-for-pomp-and-circuses Cassandra of the Supreme Court.
...........................................
On the next page, Heyburn cites Scalias comment in Lawrence that:
preserving the traditional institution of marriage is just a kinder way of describing the States moral disapproval of same-sex couples.
Stern says that, aside from giving Tony the finger, Heyburns decision is fairly predictable and follows the emerging pattern of these kinds of rulings: He wavers on the scrutiny question, finds that the law was driven by anti-gay animus, and strikes it on Equal Protection grounds.
In essence he says that the same sex marriage bans in the probably fail heightened scrutiny, and might perhaps be driven by animus against gay and lesbian people, but neither of those things actually matter. They dont matter because the laws also fail the much less onerous test of rational scrutiny that is, that they must be rationally related to a legitimate government purpose by reason of, and heres the tricky bit, not actually being rational or in any way related to a legitimate government purpose.
http://sblog.s3.amazonaws.com/wp-content/uploads/2014/02/Kentucky-marriage-recognitioin-ruling-2-12-141.pdf
http://www.balloon-juice.com/2014/02/14/another-one-bites-the-dust-and-another-one-down/
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
3 replies, 1449 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (17)
ReplyReply to this post
3 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Judge Gives Finger To Scalia, & Mocks the betoqued-for-pomp-circuses Cassandra of the SCOTUS (Original Post)
kpete
Feb 2014
OP
elleng
(131,292 posts)1. Excellent!
'not actually being rational or in any way related to a legitimate government purpose.'
monmouth3
(3,871 posts)2. " Tony Scalia, the betoqued-for-pomp-and-circuses Cassandra of the Supreme Court." Best line I've
read in ages..Bwahahahha...
idendoit
(505 posts)3. Which makes his arguement in the union fare share case so weird.
http://articles.latimes.com/2014/jan/21/business/la-fi-scotus-union-20140122 I always knew Tony was a thug, I just didn't figure him for a union thug.