Much has been made of the Defense of Marriage decision in which the court held that act unconstitutional. Virtually all coverage was overwhelmed by the rare apparent conservative support for an issue viewed positively by the LGBT community.
Problem with the media focusing only on that aspect of the court’s position is that it overlooks another aspect of the decision which may be of equal or greater importance to conservatives-namely States Rights.
That seems to me to be as much the court’s concern as anything.
Noteworthy, too, is the fact that the court made no decision on the Proposition 8 judgement from California courts at all, saying instead that the individuals supporting Proposition 8 had no status to challenge a lower court’s decision-that had to be done by the elected state officials, who had decided to stay out of it in this case.
Neither of these cases carried much, if any, actual support for LGBT’s. But there may be value in the interpretation commonly held now, so we’ll just have to wait and see.
The decision on the voting right act is a different bird altogether. The effective result of that decision is that holding onto the protections in civil rights that my generation (the baby boomers) gained will be a new challenge of almost, if not more, difficulty than getting them advanced in the first place.
I urge people to rally around the understanding that this court is more committed to taking us back forty or more years than any I’ve seen in my lifetime. Nothing in these decisions gives me encouragement.