Pretty soon Miss California will have the country she wishes to live in. Or at least, thinks she lives in. Maine is starting debate on a Same Sex marriage bill. Prospects look excellent for gay marriage in New York, according to recent polls. It is only a matter of time before some high federal court addresses some basic issue related to the topic of gay marriage, and lays down the law … the obvious relationship between gay marriage and basic human rights will be duly noted and established. And the state laws, as laudable as they are, won’t even be necessary.

I’m sure Miss California is praying for all the gay people.


  1. #1 Tony P
    April 21, 2009

    Indeed, there is ample legal precedent now for full marriage equality. Of the four states that now have it, three of them got it through court decisions on constitutional grounds.

    The USSC does look at that.

  2. #2 humorix
    April 22, 2009

    The American anti waits only this! That the Americans are treated of sodomisés! I support Carrie Prejan.

  3. #3 Spiv
    April 22, 2009

    I suspect my equality challenged state will be one of the last to drag itself into the 21st century, on account of us having a state constitutional amendment “defining marriage.”

    Meaning, of course, you can’t get it tossed at the state supreme court level, it would take a push to federal to make anything change. And that seems like a long time coming.

  4. #4 Greg Laden
    April 22, 2009

    Spiv: If the USSC rules at some fundamental level, your constitutional amendment is automatically abrogated. Or we go to war. Whatever. Let’s see, you’re in Florida, right? We can take Florida…

  5. #5 D. C. Sessions
    April 22, 2009

    It all comes down to nine people in robes. Right now, the lawyers I’ve talked to about the subject say that none of the LGBT organizations are about to roll the dice because the current Court would have no problem finding an excuse to rule that Loving v. Virginia doesn’t apply, or even in overturning it.

    Note that overturning Loving would have no real-world effect since miscegenation laws are toast anyway and even the reddest of redneck States aren’t about to bring them back. That leaves overturning Loving as a viable option to achieve the desired end of keeping Teh Gay out of States like California.

  6. #6 Sigmund
    April 22, 2009

    Greg, there’s a commentary on the Miss California situation on CNN from Roland Martin (yes, I know!) that makes a valid point that’s missing in the current debate.
    He points out that not only is Miss California’s views the same as the majority (no surprise, of course) but that they are pretty much exactly the same as those of all the leading democratic politicians. President Obama, vice president Biden, Hillary Clinton etc all claim practically the exact same views as Miss California on the subject of marriage.
    Is it fair to single her out while letting the others off the hook?

  7. #7 Greg Laden
    April 22, 2009

    Yea, but they were all just saying that to get elected… right?

  8. #8 Tom Coward
    April 22, 2009

    The Maine legislature is holding hearings today on two competing bills: One sponsored by (mostly) Democrats to allow same sex marriage across the board, and a competing (mostly) Republican bill to establish civil unions. In a recent public debate, both the supporters of both bills came off as reasoned, well intentioned, and intelligent. The forces of reaction, on the other hand, made the same tired or irrelevant arguments that have been heard over and over.

    Polls are split almost 50-50 between “Marriage/Civil Union” and “No Change”, but the marriage initiative had something like 60 Legislative c-sponsors. So, who know what will happen!

  9. #9 Jim Thomerson
    April 22, 2009

    Back around 1954, I read a story in Playboy, set sometime in the future. This couple was meeting clandestinely in the back of a dingy bar. They were very concerned their relationship not be discovered. I thought they were homosexuals. At the end, the morality police bust them for the crime of heterosexual relationship.