Waiting for Equality

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From the Washington Post, an overview of marriage equality and the courts:

The DOMA [Defense of Marriage Act] case is part of the legal wrangling that has slowed what once looked like a relatively timely showdown in the Supreme Court over same-sex marriage.

Gay and Lesbian Advocates and Defenders (GLAD), the group that has spearheaded legal challenges to DOMA, does not foresee any decision by the justices until 2013.

And the celebrated effort to recognize a constitutional right to same-sex marriage — led by the political odd couple of Democratic stalwart David Boies and former George W. Bush solicitor general Theodore Olson — is caught in a tangle of judicial procedures.

3 Comments for “Waiting for Equality”

  1. posted by Tom Scharbach on

    I think that the Post coverage is naive. A three-year journey from the District Court to SCOTUS is quick. It normally takes longer, and SCOTUS often (in my view typically) doesn’t grant cert on a constitutional case with political implications without a division in the Circuits.

    While I think that a DOMA decision is possible in 2013 — the legal arguments against Section 3 of DOMA are relatively straightforward and the defense untenable — I don’t expect a decision on SSM until 2015 or later.

  2. posted by Tom Scharbach on

    The 9th Circuit dismissed the DADT lawsuit today, as moot. The ruling is correct from a legal standpoint, but it opens the road to a reinstatement of DADT (either by Congress or a presidential directive). We may have to do this all over again.

    • posted by Jorge on

      Hmm, may have implications for future court decisions, too: no precedent.

      Well we’ve had a couple of decisions on that law already, enough to create arguments and theories for judges to accept or reject.

      It is better this way. The policy reflect the nation’s values and what’s best for this nation, and in a way that is fair.

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