Ed Schweppe (edschweppe) wrote,
Ed Schweppe

No surprise here - Supremes stay out of Mass. gay-marriage fight

The US Supreme Court has declined to overturn last year's Massachusetts Supreme Judicial Court ruling giving gay Bay State couples the right to marry. It's not terribly surprising that the Supreme Court stayed out of this; the plaintiffs were using the legal theory that "activist Massachusetts judges had violated the U.S. Constitution's guarantee of a republican form of government." From what I've read, that particular claim almost always goes nowhere fast (especially when raised by private citizens).

Odds are, though, that more cases around this issue will wend their way Washington-ward. Which makes this Clarence Thomas quote one to remember:
It seems to me that the power to regulate 'commerce' can by no means encompass authority over mere gun possession, any more than it empowers the Federal Government to regulate marriage, littering, or cruelty to animals, throughout the 50 States.

Now, will Thomas remember that opinion when the first gay marriage case reaches the top court?

(Quote from Thomas' concurring opinion in U.S. v. Lopez, courtesy of the SCOTUSBlog at http://www.goldsteinhowe.com/blog/archive/2004_11_28_SCOTUSblog.cfm#110177040776166593 )
Tags: politics

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