Watching the story surrounding the arguments before the Supreme Court is fascinating. I love hearing the back and forth not only among the partisans but the “experts” as well.
I love President Obama being called out:
Chief Justice John G. Roberts Jr. and some of the other more conservative justices expressed irritation that the case was before them at all and said President Obama’s stance – to enforce the law but not defend it – contradicted itself.
“I don’t see why he doesn’t have the courage of his convictions” and not enforce the law if he thinks it is unconstitutional, the chief justice said.
This goes to the decision by the President that the law was unconstitutional and that his Justice Department wouldn’t defend the law in court. However, Obama is still enforcing the law and when the law was struck down by a lower court, Obama appealed it to the Supreme Court.
Then, I never would have thought I’d see the day when a liberal Justice would appeal to the concept of state’s rights:
“It’s not as though there’s this little federal sphere … you’d be really diminishing what the state has said is marriage,” Ginsburg said.
I think that if Ginsburg rules DOMA unconstitutional because of state’s rights, the left is going to have a hard time fighting state efforts to ban gay marriage.
As for me, I think that gay marriage is protected federally in the same way that interracial marriage is protected federally.