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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsBush-Appointed Judge Cites Scalia In Axing Pennsylania Gay Marriage Ban
SAHIL KAPUR MAY 20, 2014, 3:16 PM EDT
Upon striking down Pennsylvania's gay marriage ban Tuesday, a federal judge cited Justice Antonin Scalia's "cogent" argument that the Supreme Court had essentially paved the way for nationwide marriage equality last year.
Here's the relevant passage from George W. Bush-appointed Judge John E. Jones III in his 39-page opinion:
As Justice Scalia cogently remarked in his dissent, if Windsor is meant to be an equal-protection opinion, it is a confusing one. Windsor, 133 S. Ct. at 2706 (Scalia, J., dissenting). Although Windsor did not identify the appropriate level of scrutiny, its discussion is manifestly not representative of deferential review. See id. (Scalia, J., dissenting) (observing that the Court certainly does not apply anything that resembles the rational-basis framework (emphasis omitted)). The Court did not evaluate hypothetical justifications for the law but rather focused on the harm resulting from DOMA, which is inharmonious with deferential review.
It was a reference to Scalia's scathing dissent against the Court's 5-4 opinion that struck down a portion of the Defense of Marriage Act which prohibited federal recognition of same-sex marriages. The Reagan-appointed justice warned that the majority decision -- despite officially staying neutral on whether gay marriage was a Constitutional right -- relied upon reasoning that would lead to that conclusion.
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http://talkingpointsmemo.com/dc/judge-cites-scalia-pennsylvania-gay-marriage
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Bush-Appointed Judge Cites Scalia In Axing Pennsylania Gay Marriage Ban (Original Post)
DonViejo
May 2014
OP
shenmue
(38,506 posts)1. Take that!
Zing!
Louisiana1976
(3,962 posts)2. Good for him.
I'd like to see marriage equality in all 50 states.
iandhr
(6,852 posts)4. We will get there
The fight for progress is a slow one though.
Hong Kong Cavalier
(4,573 posts)3. Oops.
Bet Scalia didn't expect that as a result.
Gothmog
(145,303 posts)5. This was predictable
Rachel Maddow predicted that this would happen when the DOMA case came down
SoapBox
(18,791 posts)6. Delicious!
AtheistCrusader
(33,982 posts)7. Hoist by his own petard.