Ari Ezra Waldman updates us on the federal judge in Massachusetts who ruled last month that DOMA was unconstitutional:
This case was not appealed to the First Circuit, the appellate court sitting in New England. This means that, as to Massachusetts, certain parts of DOMA, and its enshrined discrimination against same-sex couples, are officially unconstitutional. No delays, no stays, no injunctions. Just equality.
I have been delinquent in following the DOMA cases which strike me as potentially more fruitful than even the Walker decision. But I hope to tackle this soon. Meanwhile, John Culhane is bullish on the outcome of the Prop 8 case:
Should we then declare victory? To an extent, yes.
California has a population that’s estimated to exceed 38 million in the 2010 census, and is usually ahead of the curve when it comes to national trends. With the issue of marriage equality resolved in our favor here, the pressure for uniformity will increase dramatically; and, as in those states that already have achieved equality, resistance will tail off as people come to see that simple equality hasn’t caused cataclysmic results.
There’s more: Judge Walker’s careful and thorough decision, which powerfully braids facts and law, will create strong precedent for other courts to use when the issue comes before them. It might even figure into the Defense of Marriage Act litigation now working its way through the federal courts on the other side of the country (assuming an appeal by the Obama Administration, which still seems likely.)
Joe My God previews next week:
Interestingly, as the clock ticks down on Judge Walker's stay extension, Justice Kennedy will be in Hawaii to appear at the annual Ninth Circuit Judicial Conference, which runs Monday through Thursday next week. Kennedy is the scheduled speaker at 10:45am the day after Walker's stay expires.