Wednesday, June 26, 2013

One more reason not to give up has the best take on things so far:

What a morning. Time to exhale. 

What you are reading in the news is not the whole story. 

Moments ago the Supreme Court handed down two very narrow decisions. Both of them were wrong. But the marriage fight is far from over. ...

In essence, the Court invalidated a portion of the Defense of Marriage Act (DOMA) and rejected the right of the people to defend a law passed by millions of citizens in California. The Court ducked the question of whether Proposition 8 in California is constitutional – and most importantly, did NOT create a constitutional right to same-sex marriage. 

States that have protected marriage and those that seek to do so in the future cannot be stopped. 

The Court did disenfranchise millions of voters with its decision on Proposition 8. Five Supreme Court justices effectively dismissed the votes of millions of citizens who twice voted to protect marriage. Nevertheless, the record in California is now plain: the people voted to protect marriage, but reckless politicians refused to respect the right of the people and enforce the law. 

What is left is a single decision by a district court judge that applies to two couples. The legal fight to clarify what happens next will be critical and will be heavily contested by defenders of marriage in the courts. Same-sex marriage advocates touting immediate statewide gay marriage in California are misleading the public. 

Today’s decision striking down portions of the federal Defense of Marriage Act (DOMA) was limited to only those same-sex "marriages" already recognized in the states that allow same-sex marriage. 

Also, remember that other parts of DOMA protect states from being forced to recognize same-sex marriage in other states. That portion of the law was not challenged and remains in force – and in some ways was strengthened by today’s decision. 

Thus, while today’s decisions were very disappointing, they do not represent a watershed moment for marriage as many are suggesting. Same-sex marriage advocates did not get what they wanted, namely a “Roe v. Wade” for same-sex marriage. 

We have a clear path forward to protect marriage and respond to these rulings, in Congress and in the states, and in the hearts and minds of our fellow citizens. ... 

The debate on marriage lives on and is up to us.