We all knew the DOMA ruling would blow the minds of NOM and their acolytes, but harming the rule of law by upholding it strikes an interestingly ambivalent stance.
June 30, 2013

No one should be surprised that NOM leaders' heads are exploding over the DOMA and Prop 8 rulings, despite the very conservative principles Justice Anthony Kennedy applied in his opinions. The poutrage was predictable.

I particularly enjoyed NOM President Bryan Brown's argument for why the rule of law was violated in the Prop 8 case. In his view, it deprived those millions of Californians from depriving other Californians of their equal rights under the law, and so violated the rule of law.

Applying the "slippery slope" argument that Republicans love so much, I suppose we could argue that if a majority Californians voted on a proposition to deny educations to white people and the Supreme Court overturned that as unconstitutional, that would also violate the rule of law?

The purpose of the Supreme Court is to rule on whether laws, whether passed by initiative or legislators, align with the United States Constitution. There is no overriding "right to be heard" there. Californians granted marriage equality to gay people, and NOM initiated a successful effort to strip that equality away by putting a confusing and misleading initiative on the ballot that amended the state constitution.

In fact, if Prop 8 were somehow put back on the California ballot, it would fail miserably, according to a June, 2013 poll confirming that 58 percent of Californians support same-sex marriage and 38 percent oppose it.

No amount of money from the Mormon and Catholic churches will change that, so NOM should simply pick up their tent and leave California quietly with their tail between their legs instead of wasting everyone's time filing for useless stays on what is inevitable. Same-sex marriage is here to stay, whether they like it or not.

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