Thursday, February 13, 2014

The Windsor Dynasty

Yet another federal judge has cited Supreme Court Justice Antonin Scalia’s dissent in the Windsor vs. United States ruling that struck down DOMA in knocking down a state law in Kentucky against marriage equality.

In ruling Wednesday that Kentucky must recognize out-of-state gay marriages, U.S. District Judge John G. Heyburn II referenced Scalia’s dissents in the Court’s decisions to overturn the federal Defense of Marriage Act and strike down state laws that ban sodomy.

It wasn’t as big a rhetorical bear hug as the outspoken conservative justice received in December from the federal judge who overturned Utah’s prohibition on same-sex marriage, but it was further evidence of Scalia’s prescience when he declared that the DOMA decision would inevitably undercut state laws on marriage.

Heyburn observed that the Court’s decision to overturn DOMA laid the foundation for his decision Wednesday to invalidate part of a Kentucky’s law that prohibited the recognition of gay marriages performed in other states. He then name-checked Scalia and his similar observations in his dissent in the DOMA case, Windsor v. United States.

“Indeed, Justice Scalia stated that Windsor indicated the way the Supreme Court would view future cases involving same-sex marriage ‘beyond mistaking,'” he wrote.

Be careful what you wish for, Justice Scalia.