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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsScalia Gets Another Epic Trolling In Wisconsin Pro-Gay Marriage Decision
As has become a running theme in court decisions overturning state bans on same-sex marriage, conservative Supreme Court Justice Antonin Scalia got some love when U.S. district Judge Barbara Crabb struck down Wisconsin's ban Friday.
Scalia's name is invoked 12 times in Crabb's 88-page decision, including numerous references to his now infamous dissent in the Supreme Court's ruling that overturned the federal Defense of Marriage Act last year. His dissent from the Lawrence v. Texas case, which overturned state bans on sodomy, is also cited on multiple occasions.
"However, as noted by Justice Scalia in his dissent, it is difficult to cabin the Courts reasoning to DOMA only," Crabb wrote as she concluded that the DOMA decision -- if logically extended -- requires the judiciary to strike down state bans on same-sex marriage as well.
It is the same point that Scalia made in his dissent, a point that judges in other states -- Kentucky, Ohio, Virginia and Utah -- have now referenced in their own decisions overturning or undercutting gay marriage bans.
http://talkingpointsmemo.com/livewire/scalia-wisconsin-gay-marriage-decision
Amazing!!
shenmue
(38,506 posts)A very happy giggle.
PeaceNikki
(27,985 posts)I'm watching couples apply for licenses right now.
SO happy!!
Gothmog
(145,195 posts)msanthrope
(37,549 posts)okaawhatever
(9,461 posts)Zambero
(8,964 posts)Sometimes it requires a severe over-reach to put things within reach. If a historical museum is ever dedicated to honor the cause of LGBT rights, Scalia would at least deserve a plaque (with a giant asterisk and explanation) to include his unwitting role in helping to achieve equal rights for millions of his fellow citizens. George Wallace stood in school doorways and approved brute force to be directed toward peaceful marchers, and his actions tipped the scales in favor of enactment of legislation. Scalia has also been "helpful" in his own way. Sometimes legacies don't always end up as envisioned!
PeaceNikki
(27,985 posts)liberalla
(9,247 posts)What a great EFF'n post! BRAVO!
Justice Scalia - We couldn't have done it without you! (well, not as quickly)
Thank you for giving these Judges the grounds they need to make these rulings.
I agree, he would at least merit a plaque as recognition for the part he's played.
I hope Scalia hears he is being compared to George Wallace!
awoke_in_2003
(34,582 posts)and we are seeing it here in Fort Worth with the open carry idiots taking rifles into restaurants- they have travelled a bridge too far (I hope)
awoke_in_2003
(34,582 posts)it is unstoppable now, methinks.
PeaceNikki
(27,985 posts)But I am shocked it was this quickly.
So excited!!