Courts on same-sex marriage: Adieu, rule of law

A government of men, not of laws.

Adam Smith famously said there’s a lot of ruin in a nation.  America today is testing just how much there may be.  How long can a center hold, in our expectations and daily interactions, when the protections of our scheme of law are being dismantled before our eyes?

Robert Barnes, writing at the Washington Post, had a good summary yesterday of how Justice Antonin Scalia’s prediction about the majority opinion in U.S. v. Windsor, the DOMA case ruled on in June 2013, is coming true.  The Supreme Court did not rule on the constitutionality of state laws that recognize only traditional marriage.  It ruled only on the question of the federal Defense of Marriage Act.  And the majority opinion claimed, somewhat coyly, not to settle the same-sex marriage (SSM) issue by ruling on DOMA, but only to reject DOMA.

That coyness aside, Continue reading “Courts on same-sex marriage: Adieu, rule of law”