Last Year Today...

On March 27, 2013 the United States Supreme Court heard the oral arguments for United States v. Windsor which went on to strike down portions of the Defense of Marriage Act. So today, in honor of precedent I am celebrating (on a work day. Sacre tabarnak!) with a quick refresher of the details.

Ironically, Scalia provided the "so called Homosexual Agenda" (dun-duh dah!) a pathway for future judicial victories by writing dicta in his dissent:

In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today's opinion. As I have said, the real rationale of today's opinion, whatever disappearing trail of its legalistic argle-bargle one chooses to follow, is that DOMA is motivated by "`bare ... desire to harm'" couples in same-sex marriages. Supra, at 2691. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status. Consider how easy (inevitable) it is to make the following substitutions in a passage from today's opinion ante, at 2694

Thanks! I'm guessing Scalia popped an anger boner when he saw his quote magically appear in Kitchen v. Herbert:

The Constitution’s protection of the individual rights of gay and lesbian citizens is equally dispositive whether this protection requires a court to respect a state law, as in Windsor, or strike down a state law, as the Plaintiffs ask the court to do here. In his dissenting opinion, the Honorable Antonin Scalia recognized that this result was the logical outcome of the Court’s ruling in Windsor:

In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today’s opinion. As I have said, the real rationale of today’s opinion . . . is that DOMA is motivated by “bare . . . desire to harm” couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same- sex couples marital status.

133 S. Ct. at 2709 (citations and internal quotation marks omitted). The court agrees with Justice Scalia’s interpretation of Windsor and finds that the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law. 

Of course Utah wasn't the only jurisdiction to recognize marriage equality since last year.

Marriage After Windsor

I'm out of time. So just imagine that there is something more clever in the map... like sloppy gay sex scenes superimposed in the background.

Since Windsor, there have been legislative victories in the following States:

Rhode Island

Delaware

Minnesota

New Jersey

Illinois
Hawaii

More importantly court victories in these States:

California

Utah

New Mexico

Oklahoma 

Texas
Virginia

Kentucky

Michigan

And more to come...  But as for me, it's now time for beer then bed.

Liam '14