The Massachusetts decision that a federal gay marriage ban is unconstitutional yesterday is a HUGE victory for republicans, right?
I’m positive that what we’ll be hearing from the right wing will be, “YAY! A victory for state’s rights!” Won’t we?
This wasn’t a gay rights decision. It’s was state’s rights decision that happens to benefits gays that want rights (the NERVE!). Sorry gays, but this isn’t as much about you as you might think.
The suit, filed by MA Attorney General Martha Coakley (no, I’m still not done being pissed at her for losing an unlose-able election to a freakin nude model), asserts that DOMA (defense of marriage act) is unconstitutional because it infringes on the right of states to define marriage the way they choose to define it. The state argued that DOMA denied benefits like Medicaid or spousal social security benefits and therefore, forces the state to discriminate against its citizens. The judge agreed, thereby giving reinforcing gay rights states rights.
I have to give Martha Coakley credit (but not forgiveness for past sins) for filing a brilliantly crafted, bulletproof law suit. The judge was absolutely correct in it’s ruling; the federal government doesn’t have the power to subvert civil rights. That falls under the states’ purview (but not for long)!
There will most definitely be an appeal, which should be nothing but fun to watch. Opponents of this decision must take either an anti-state’s rights stance, or an anti-civil liberties stance.
Let’s be honest here, opposition to this ruling can only come from the right. So they’re going to have to decide between being intellectually dishonest, and repudiating the states rights mantra that they’ve been preaching since the beginning of time, or finally lifting the veil on their anti-gay beliefs.
The right wing argument against a the federal government granting same sex marriage has been that it would infringe on states rights. That argument won’t work here since the state has decided. They can’t hide behind the religious argument because they would be advocating for church to have power over the almighty state. Advocating for (essentially) a theology will forever cement republicans as a party that’s simply too batshit crazy for the majority of Americans to actually vote for.
To summarize; republicans are fucked.
Without the state’s rights facade to hide behind, republicans will be forced to advocate for suppressing civil rights for some Americans that they just don’t like. They’re finally going to be forced to be honest about where they’re coming from.
You see, when you’re intellectually dishonest, your wrongness eventually boxes you into revealing who you truly are. Republicans are going to have to (at last) reveal themselves thanks to this decision.
I’m looking forward to finally having an honest national debate about civil rights. I’m looking forward to it because America is so far, batting a thousand in terms of granting civil rights to suppressed minorities. It may take longer than some of us would like, but we eventually get there.
But the first step is to have an honest debate. Thanks to Judge Joseph Tauro, we’re finally going to have it.
Or, republicans are going to support this decision and rejoice in the triumph of states rights over the evil federal government. (sorry, I can’t help but get smarmy, sarcastic sometimes.