Apparently, Supreme Court Justice Anthony Kennedy just needed a few days to think about gays getting married in Idaho because on Friday, the court issued this very brief order:
Actually it used strict scrutiny, and so did the 10th, both for identical reasons - the right to marriage (not opposite-sex marriage, marriage for anyone) is fundamental, because <em>Loving</em> and a bunch of other cases, so under the Due Process clause any impingement on it must be narrowly tailored and directly advance a compelling government interest.
The 10th&#039;s ruling was of course one of the ones the Supremes already passed on, as was the seventh&#039;s which used the vague &quot;heightened&quot; scrutiny under the Equal Protection clause plus <em>Lawrence</em> and <em>Windsor</em>.
Rational basis review is normally a rubber stamp, most times the court will take the government&#039;s word for it whether the relationship is rational.
So like I thought when the order was first issued- it was just an emergency stay while they looked to see if there was anything at all interesting in Idaho&#039;s appeal and upon having time to actually read it discovered nope, same old BS we already waved away as worthless they lifted the order.
It&#039;s Friday night so I was already drunk and after this I am downright teary-eyed. I can&#039;t wait for Alabama to fall (next week??) so I can call my Southern Baptist cousins and say &quot;Fuck you, you&#039;ve been throat-crammed, you fucktards.&quot;
So how long will I have to wait for my traditional marriage to be threatened? It hasn&#039;t yet happened, so I&#039;m assuming there&#039;s an incubation period, like that ebola thing.
Heightened scrutiny isn&#039;t much of a problem . . . the state has to concoct a plausible case that the law advances an &quot;important <u>governmental</u> interest.&quot; Making homophobic fundies happy probably won&#039;t qualify.
<i>Don&#039;t stick your dick in Crazy, son</i>
Would the last remaining anti-gay state please turn off the rainbow-colored neon floodlights when you leave? Thanks.
So when a Butch Otter loves a Femme Otter very, very much....
Actually it used strict scrutiny, and so did the 10th, both for identical reasons - the right to marriage (not opposite-sex marriage, marriage for anyone) is fundamental, because <em>Loving</em> and a bunch of other cases, so under the Due Process clause any impingement on it must be narrowly tailored and directly advance a compelling government interest.
The 10th&#039;s ruling was of course one of the ones the Supremes already passed on, as was the seventh&#039;s which used the vague &quot;heightened&quot; scrutiny under the Equal Protection clause plus <em>Lawrence</em> and <em>Windsor</em>.
Rational basis review is normally a rubber stamp, most times the court will take the government&#039;s word for it whether the relationship is rational.
So like I thought when the order was first issued- it was just an emergency stay while they looked to see if there was anything at all interesting in Idaho&#039;s appeal and upon having time to actually read it discovered nope, same old BS we already waved away as worthless they lifted the order.
All seems totally routine to me.
It&#039;s gratifying to see that the Mormons who heavily bankrolled support for Prop 8 have gotten their money&#039;s worth.
Sweet sweet Schadenfreude.
Anthony, girlfriend, you just can&#039;t stay the gay.
&quot;and you know how men are with math.&quot;
As my Gus Frerotte bobblehead figure likes to say, &quot;Math is hard.&quot;
At this point he is probably no longer tap dancing and is just doing the occasional soft shoe number now.
Your wedding registry is in Liberia?
It&#039;s Friday night so I was already drunk and after this I am downright teary-eyed. I can&#039;t wait for Alabama to fall (next week??) so I can call my Southern Baptist cousins and say &quot;Fuck you, you&#039;ve been throat-crammed, you fucktards.&quot;
So that leaves Alaska, Arizona and Montana in the 9th. Which one will be the holdout?
So how long will I have to wait for my traditional marriage to be threatened? It hasn&#039;t yet happened, so I&#039;m assuming there&#039;s an incubation period, like that ebola thing.
The one with Helicopter Shootin&#039; Caribou Barbie&trade;
<i>Miracle Whip.</i> (Don&#039;t forget your safe word.)
Heightened scrutiny isn&#039;t much of a problem . . . the state has to concoct a plausible case that the law advances an &quot;important <u>governmental</u> interest.&quot; Making homophobic fundies happy probably won&#039;t qualify.