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SCOTUS, DOMA, Prop 8, The DoD And Why Equality Is Inevitable

December 8, 2012

Everyone is aware that The Supreme Court has agreed to hear a challenge to both Prop 8 and DOMA, yes? This is a good thing. I know that there are a number of articles that claim this will be the very end of the fight for marriage equality. I’ve read these articles. They are kind of amusing since they see, to come from roughly the same type of person who insisted that we were heading toward four years of President Romney.

We’re going to win. I don’t think that this particular decision is going to sweep away all opposition to marriage equality, but it is going to step us forward, rather than back.

There’s been a great deal of conversation about this from both sides and a great number of reasons for victory or defeat have been offered from both sides. However, no one is looking at the most influential body with a dog in this fight, the DoD.

The DoD is a hugely wealthy and powerful arm of the government with the ability to retaliate against any state that pisses it off in the form of personnel reduction and project closures.  DADT is dead and the military is allowing weddings between service members and their same gendered loves. How is this relevant? The DoD is the governing body of the US military. The DoD is recognizing military marriages regardless of the gender of the spouses.  Those families have to have the ability to move when the DoD needs them to move. Those families have to be safe and legally recognized no matter where they happen to be stationed. The same gender military spouses have to be able to access the facilities and have the benefits that any military spouse would be able to have. The DoD is not the body with whom to fuck.

In short, the DoD has already said yes to marriage equality and the last thing that any sane human wants to do is try to tell them how, when and where to place their people. Game, set, match. Victory is coming. The DoD will have zero problem bringing behind the scenes pressure to bear on SCOTUS as they are rumored to have done during the Loving V. Virginia case.

As I said, I don’t think we are going to reach full equality this go. I think the Court will take the narrowest possible action and nudge the door open a little bit for equality. However, that’s enough for the moment. As long as they unlatch the door we can walk through it on our own.

3 Comments leave one →
  1. December 8, 2012 10:22 PM

    It’s going to take time, of course, but I honestly believe marriage equality in the U.S. is inevitable. The optimistic part of me is starting to think it might happen sooner rather than later, and the points you brought up help illustrate why. (The pessimistic side of me worries about what could happen should the Supreme Court not rule the way I’d want them to, but I try to nervously shush that voice! It worked on Election Day!)

    • December 8, 2012 10:37 PM

      I think we’ll get one tiny step out of SCOTUS. I absolutely think they’ll strike down at least the one aspect of DOMA that the suit speaks to, inheritance. That case is pretty much a love letter to the Supreme Court. It appeals to both conservative and liberal on the fundamentals. I don’t know about the Prop 8 case, but that actually matters much less. If they give us a bit with DOMA, we’ll take the rest eventually.


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