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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsScalia's early and unintentional(?) Christmas gift to the LGBT community.
For the second time in a week, a federal judge embraced U.S. Supreme Court Justice Antonin Scalia's dissent from this summer's ruling overturning the federal Defense of Marriage Act in a case challenging a state's ban on gay marriage.
Scalia was adamant in his dissent that the logic of the DOMA decision would result in state bans being overturned. In his decision Monday declaring that Ohio must recognize out-of-state same-sex marriages on death certificates, federal district judge Timothy Black wrote:
And now it is just as Justice Scalia predicted -- the lower courts are applying the Supreme Courts decision, as they must, and the question is presented whether a state can do what the federal government cannot -- i.e., discriminate against same-sex couples
simply because the majority of the voters dont like homosexuality (or at least didnt in 2004). Under the Constitution of the United States, the answer is no.
Black's rhetorical nod to the Court's most outspoken conservative justice was the second such instance in four days. Last Friday, a federal judge in Utah cited Scalia's DOMA dissent four times across 40 pages in a decision overturning that state's ban on gay marriage.
http://talkingpointsmemo.com/dc/antonin-scalia-ohio-gay-marriage-decision
Zorra
(27,670 posts)11 Bravo
(23,926 posts)LuvNewcastle
(16,847 posts)madinmaryland
(64,933 posts)awoke_in_2003
(34,582 posts)Warpy
(111,317 posts)and it's time to retire gracefully before his dementia turns him into a full blown liberal.
ZRT2209
(1,357 posts)rug
(82,333 posts)mountain grammy
(26,642 posts)Hekate
(90,768 posts)truebluegreen
(9,033 posts)In his dissent from the DOMA decision, as in the Lawrence decision 10? years ago (overturning anti-sodomy laws), he warned that the majority decision would open the door to overturning state laws that discriminated against gays and lesbians.
And he was right.
Heh.
Historic NY
(37,452 posts)tblue37
(65,459 posts)Utopian Leftist
(534 posts)especially when it's attention, and you are an ambitious prick like Scalia.