Today's Must Read

A very clear exposition by Ari Ezra Waldman on an underlying issue in the cases against Prop 8 and DOMA.

Judge White in Golinski went further: Baker v. Nelson could not be a barrier to a gay person's fundamental right to marry because all the fundamental right to marry cases -- from Loving to Zablocki to Turner -- were not about particular kinds of marriages or particular kinds of spouses. They were about a single fundamental right to decide to marry that everyone enjoys, regardless of the character of the spouse.

That's been the basis of my objections to the bullshit about "the Constitution doesn't include a right to homosexual marriage." If you actually read the document, it doesn't mention marriage at all -- no one is specifically guaranteed the right to marriage. Anyone want to argue that all marriages in the United States should be nullified? Anyone? Scalia?

But there is ample precedent going back over 100 years at this point that recognizes marriage as a fundamental right, and none of those opinions stipulate that marriage is between a man and a woman. White is perfectly correct -- the right described is the right to decide to marry, not the right to marry someone designated as acceptable by the state.

Waldman's post is a good one. Read it.