DOMA is dead..... now read the contract,

  Those guys and gals at the Supreme Court almost got me today.  Here I thought that they acted decisively to try and end DOMA.  But, as is usually the case with the Supreme Court, one needs to read between the lines.  I’m reading various articles about today’s striking down of DOMA or the Defense of Marriage Act and it seems like it’s merely a split decision coated in political pandering.  Essentially, the Supreme Court struck down DOMA.  So that’s a victory for anyone, like me, who believes that it’s preposterous for a state say, like California, to spend resources it doesn’t have trying to prevent  gays and lesbians from getting married.  But then there was a second case you see.  And in that case, the Supreme Court said that it could not rule on a challenge to Proposition 8.  Now Proposition 8, as we all know, bans gay marriage in California.  So let me see if I have this right.  DOMA has been struck down as unconstitutional but the Supreme Court felt that there weren’t enough Constitutional grounds to strike down Prop 8.  If DOMA is unconstitutional then it stands to reason that Prop 8 is ALSO unconstitutional, yes?  So basically, the Supreme Court struck down one form of hateful rhetoric while punting on the other one.  Here’s a quote from John Eastman, chairman of the National Organization for Marriage.

“We clearly have a mixed ruling here; Justice Kennedy did not say that all states must recognize same-sex marriage. In fact, his opinion is full of deference to the states’ determination of marriage policy.”

  Far be it from me to agree with the Stone Age thinking of The National Organization of Marriage but the man does have a point.  Lost in all of this euphoria over DOMA’S defeat is the shell game that the Supreme Court is playing here.  Basically, DOMA, according to today’s ruling by the Supreme Court, is unconstitutional.  BUT…. it’s up to the given state in question to decide if they think that banning Gay Marriage is a constitutional no no.  Here’s what I advise.  Enjoy this great day for equality ladies and gentlemen but temper your euphoria.  And then after the Euphoria tempers, take a good look at what the Supreme Court is REALLY offering here.  They’ve given the advocates for gay marriage a contract for equality filled with fine print galore.  And I guess it goes without saying that that fine print is definitely political in nature.  In other words, the political winds giveth and the political winds thou take it away.  The Supreme Court waffled its way into a politically appeasing compromise for both sides of the gay marriage ledger.  They straddled the fence and they paid lip service to a rather pertinent issue.  If this wasn’t political horse trading today then I don’t know what was.  Here’s a victory for equality all of you gay rights advocate.  But what about us said the gay marriage opponents.  And voila…. The Supreme Court waved its magic wand and with its usual political sleight of hand….. It talked out of the other side of its mouth by giving each state, if it so chooses, the option of not recognizing same sex couples.  Hocus Pocus indeed.