Because the Supreme Court's rulings on the Defense of Marriage Act and California's Proposition 8 failed to say whether gay and lesbian Americans have a constitutional right to marry the person of their choosing, the fight over same-sex marriage resumed almost immediately. And opponents of marriage equality made it plain they would keep trying to hold back the tide.
Sponsors of Proposition 8, the anti-gay marriage referendum that was effectively thrown out by the Supreme Court last week, went back to court over the weekend to try to stop that ruling from taking effect. (Justice Anthony Kennedy quickly tossed out their case.)
Rep. Tim Huelskamp, Republican of Kansas, introduced a federal constitutional amendment on Friday that would ban same-sex marriage across the country. Appearing on The Steve Deace Show, Mr. Huelskamp claimed that the Constitution defined marriage as a union between a man and a woman and accused the Supreme Court of trying to "rewrite the Constitution."
The court, of course, didn't even come close to doing that. Proposition 8 had already been overruled by California courts and by the Ninth Circuit Court of Appeals. The justices took the safest and narrowest possible approach by ruling simply that the people who were challenging those lower court decisions had no legal standing to do so.
On D.O.M.A., the court struck down a provision that denied federal benefits to legally married same-sex couples. As I mentioned, the court did not address the larger constitutional question.
Ominously, Mr. Huelskamp likened the right-wing's plans to continue fighting same-sex marriage to its fight against legal abortions after Roe v. Wade — a slow and steady campaign that has continued for 40 years and has had a distressing amount of success. If abortion opponents could not outlaw the procedure, they found they could make it impossible for larger and larger numbers of women to get it.
In Ohio, Gov. John Kasich on Sunday signed a budget bill that, among other things, restricts the ability of workers at rape crisis centers to tell rape victims about their legal rights; requires women to undergo and pay for a medically unnecessary ultra-sound before having an abortion; and requires physicians to read a speech written by politicians to women seeking abortions, whether the doctor agrees with it or not.
It's hard to imagine the right having as much success in preserving discriminatory practices against gay and lesbian adults who want to marry. But they can do a lot of damage along the way.
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