Cautions aside, a great day for marriage rights

Two must-see features following Wednesday’s decision by a federal judge to overturn the California ban on same-sex marriage.

First, Dahlia Lithwick of Slate has a sharp analysis of how U.S. District Court Judge Vaughn Walker crafted his decision by quoting fulsomely from past decisions written by Supreme Court Justice Anthony Kennedy (via @GratuitousV). Noting that Kennedy would surely be the pivotal vote if and when gay marriage comes before the court, Lithwick writes:

Any way you look at it, today’s decision was written for a court of one — Kennedy — the man who has written most eloquently about dignity and freedom and the right to determine one’s own humanity. The real triumph of Perry v. Schwarzenegger may be that it talks in the very loftiest terms about matters rooted in logic, science, money, social psychology, and fact.

Second, Boston.com’s Big Picture posted a terrific series of photos showing gay and lesbian couples getting married. The timing was exquisite: the series was posted a few hours before Judge Walker issued his ruling. Have a look.

I hope Wednesday marks the beginning of the end for marriage discrimination in America, but we all know there’s a long way to go. Among other things, Walker’s opinion was based on the 14th Amendment’s 142-year-old guarantees of equal protection and due process — and the Republican Party, sealing itself ever deeper inside its anti-reality cocoon, is now questioning whether the 14th Amendment should be modified.

Yes, the intent is to find new ways to torment the children of illegal immigrants. But once the amendment is open for discussion, one awful idea tends to lead to another.

Still, Wednesday was a great day, even if it’s too early to celebrate.

Photo via WikiMedia Commons.

Kagan, Obama and the left

In my latest for the Guardian, I take a look at Solicitor General Elena Kagan’s record — and conclude that President Obama’s decision to name her to the Supreme Court may prove to be one sellout too many for his progressive base.

Radar can’t be wrong

Radar Online has posted an anonymously sourced item claiming that U.S. Supreme Court Chief Justice John Roberts is “considering” stepping down. Well, consider this: There’s no way Radar can be wrong, is there? The item goes on to say that Roberts “could announce his decision at any time.” If Roberts retires in 2021, will Radar, if it’s still around, demand a Pulitzer?

That was quick: If you follow the link now (1:41 p.m.), you’ll see that Radar has retracted the item.

Good for speech, bad for democracy?

My heart is telling me one thing and my head another following the U.S. Supreme Court’s decision to remove political-speech restrictions on corporations and, by implication, labor unions.

On the one hand, I had been looking forward to this. I am close to being a First Amendment absolutist, and I gag instinctively at the idea that any form of political speech should be restricted, theories about corporate personhood aside.

On the other hand, we know what’s going to happen, don’t we? It’s bad enough that Congress can’t get health care right thanks to the doleful effects of corporate lobbying. And I do wonder why the Court had to overturn restrictions on corporations that extended back a century.

For the time being, I’m going to punt, and link to an article I wrote for the Boston Phoenix in 2003 on a corporate-speech case involving Nike.

Let the games begin

President Obama will reportedly nominate Judge Sonia Sotomayor to the Supreme Court. Although none of the candidates on his short list has a reputation for being a liberal fire-breather, Sotomayor is probably the most provocative given her ruling in a high-profile affirmative action case in New Haven.

A ruling Sotomayor made in 1995 ended the eight-month-long major-league baseball strike. So she sounds like a fine choice to me.