|
Edited on Mon Dec-20-10 11:18 AM by Skinner
And I agree that the repeal of DADT strengthens our case against DOMA. But I think the approach to repealing these two laws is likely to be different.
I argued for the last two years that a statutory repeal of DADT was the best way to go. For three reasons: 1) Changing the law is the gold standard, and would not be undone, 2) public opinion was on our side, and we had the votes in Congress, and 3) The Supreme Court tends to be very deferential to the military, and (I believe) would have upheld the law.
But I think in the case of DOMA -- and gay marriage in general -- I think focusing on a judicial remedy makes sense, for similar reasons to why I thought a statutory repeal of DADT was the best way to go. 1) Public opinion is still lagging on this issue, and many elected officials might be reluctant to take a stand, 2) Marriage laws are usually set at the state level, and we know some states are pretty conservative, 3) repealing DOMA would not make gay marriage legal in all the states, and 4) If gay marriage makes it to the Supreme Court, I think we might actually win. My guess is that there is a 50-50 chance the court would strike down laws against same-sex marriage -- as some state courts have already done -- based on the equal protection clause of the constitution, which would make gay marriage legal everywhere in the US.
|