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Posted by on Oct 6, 2014 in Featured, Law, Society | 0 comments

Nothing ‘tacit’ about this victory


United States Supreme Court building, Public Domain

This is a good Omen for the First Monday in October:

Supreme Court Hands Gay Marriage a Tacit Victory
Adam Liptak / New York Times

WASHINGTON — In a move that may signal the inevitability of a nationwide right to same-sex marriage, the Supreme Court on Monday let stand appeals court rulings allowing such unions in five states.  —  The development, a major surprise …

And this outcome:

Monday’s orders let stand decisions from three federal appeals courts with jurisdiction over six other states that ban same-sex marriage: Colorado, Kansas, North Carolina, South Carolina, West Virginia and Wyoming. Those appeals courts will almost certainly follow their own precedents to strike down those additional bans as well, meaning the number of states with same-sex marriage should soon climb to 30….

Hmmm. I guess this was the “non-judicial activism” court the conservatives fought for more than four decades to get?

US Supreme Court 2010 official portrait

Official Supreme Court portrait 2010 – Public Domain

If anything, a “conservative” court throwing open the doors to gay marriage flies in the face of the “strict constructionist”/ liberal interpretation dichotomy that so much blather about SCOTUS, SCROTUS and the Court invariably drown in.

The Constititution seems to have been constructed with enough breathing room that what would have been a dem0nic perversion to the Framers/Founders is seen as intrinsic to civil rights in a m0re enlightened Age.

This is no “left-handed” compliment of a decision. What the Court clearly is saying is that nothing in those three circuit court decisions is at odds with the Supreme Court’s OWN interpretation. And, with no countervailing judgments/arguments from any other circuit court, there is NO reason to vacate those decisions.

Sorry haters.


illustration by author. © HartWilliams, 2005

It looks like gays have a right to not only survive but to prevail, if needs be.

After listening to a lifetime of anti-gay slurs, propaganda, hate, and misquoted Bible verses, this gives me a satisfaction that can ONLY be eclipsed by the satisfaction that it gives to gay couples and would-be gay marriers.

the fox and the grapes_Fables_de_La_Fontaine 1668

The Fox and the Grapes, public domain (1668)



 Mr. Williams has a lively blog His Vorpal Sword. This is cross-posted from his blog.