DoMA

The Picture: Marriage Equality Mix

Contemplation of Justice

“The rough idea would be that the Roberts court would be to the rights of gays and lesbians what the Warren court was on race issues.”

David A. Strauss

There is a lot going on. Or maybe not. Where once the idea was that courts should stay out of things and let “democracy” pick and choose who gets what human and constitutional rights in the United States, many of those advocates are looking to the Supreme Court of the United States to cram the gays back into the closet. With Justice Ginsburg suggesting last month that the Supreme Court might get involved if the lower courts make a sufficient mess of things, and the Fifteenth Judicial District Court of Louisiana holding the line in terms of state courts, one might wonder about the fervor Robert Barnes noted last week for the Washington Post:

The 10th edition of the Supreme Court under Chief Justice John G. Roberts Jr. begins work Monday with the prospect of a monumental ruling for gay rights that could serve as a surprising legacy of an otherwise increasingly conservative court.

Whether the justices will decide that the Constitution protects the right of same-sex couples to marry dominates expectations of the coming term; such a ruling would impart landmark status on a docket that so far lacks a blockbuster case.

And some say it would be a defining moment for a closely divided court that bears the chief justice’s name but is most heavily influenced by the justice in the middle: Anthony M. Kennedy, who has written the court’s most important decisions affording protection to gay Americans.

“If the court establishes a right to same-sex marriage . . . [it] will go down in history as one that was on the frontiers of establishing rights for gays and lesbians,” said David A. Strauss, a constitutional-law scholar at the University of Chicago.

“The rough idea would be that the Roberts court would be to the rights of gays and lesbians what the Warren court was on race issues.”

Something about blockbusters, to be certain; one would hope we have enough worked out about our society that we should not necessarily be rushing for a marquée show every year. That is to say, there is plenty wrong with society, but do we really have so many fundamental civil rights questions coming to the fore? And if so, well, what the hell is wrong with Americans that we have not yet figured out how some of these very basic concepts work?

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An Exercise In Contrasts

Juxtaposition:

While thanking supporter Miles Wobbleton for contributing the 100,000th “thumbs up” on his official Senate Facebook page, the Kentucky Republican indicated that he wants to see his online flock grow exponentially.

“We’re excited to be at 100,000, but really we’d like to see it at a million,” Paul proposed, tossing out that familiar Washington enticement—the proverbial “free lunch”—to those still on the fence about registering their virtual approval.

Paul has already crossed that self-imposed high bar on a mirror Facebook page.

And his personal account is so popular, prospective pals are now universally rebuffed.

“This person has reached the friend request limit and can’t accept any more,” Facebook warns.

Warren Rojas

Priorities.

I realize there’s a “Stand With Rand” crowd that’s convinced the Kentucky Republican is a visionary when it comes to limited government, and I understand that much of the media establishment is eager for us to perceive him as a serious and credible person. But Rand Paul decided to chat with Glenn Beck, and during the interview the senator raised the prospect of marriage-equality proponents asking, “Does it have to be humans?”

GlennRandPaulBeckIf this is what constitutes an “interesting” politician and “rising star” in Republican politics, the GOP is in dire straits, indeed.

There is a contingent of the population that’s desperately looking for a prominent political figure in Washington who celebrates civil liberties, is openly uncomfortable with the national security state, and opposes the rush towards more wars, especially in the Middle East.

But we’re frequently reminded why Rand Paul probably isn’t the champion these folks have been waiting for. He believes bizarre and unsettling conspiracy theories; he’s convinced the Obama administration is responsible for problems with his toilet; his concerns about armed drones are strikingly ignorant and contradictory; he considers fringe outlet like World Net Daily to be credible news organizations, and on the morning of a civil-rights breakthrough for LGBT Americans, he hangs out with Glenn Beck and raises the specter of bestiality.

Steve Benen

Values.