Main | Thursday, December 13, 2012

Editorial Of The Day

From the Washington Post:
In striking down both laws, the Supreme Court could adopt the logic of the various appeals courts, or it could find other legally acceptable ways to avoid a sweeping ruling just yet. Same-sex couples could then marry in California, and married same-sex couples across the country could obtain federal benefits — but other states would have more time to consider their own policies on the issue. Such an outcome might disappoint those who see no justification for continued discrimination. But it would nevertheless be an important step in the right direction.

Of course, the justices have a third option: upholding DOMA, Proposition 8 or both. Choosing that way would be a historic mistake. The court’s job is to determine judges’ proper role in moving the country away from discrimination, not to enshrine that discrimination in constitutional doctrine. However the court rules, its decision will be a guidepost on a road that eventually ends in legal and social acceptance of equal rights. It should not point backward.
Has your own paper opined on this topic?

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