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Crying over Skim Milk
Author: BobR
Date: 03/28/2013 13:01:38
Over the last two days, the Supreme Court has been hearing oral arguments about gay marriage. Tuesday was the Prop 8 case in California, and yesterday was DOMA. Trying to predict the outcome based on the questions asked by the justices is always a fools game, but - playing the fool - I am going to guess that Prop 8 will be struck down on narrow procedural grounds, and section 3 of DOMA will be ruled unconstitutional.
There were some interesting questions asked and statements made by the justices. Elena Kagen broke court tradition by referring to the House Judiciary report and attacking the rationale for the creation of section 3 in the first place. The lawyer defending DOMA (Paul Clement - hired by John Boehner, since President Obama wasn't willing to defend it) responded that the motivations for creating it do not play into whether it is constitutional or not.
The justices also discussed just dropping the Prop 8 case:
The creme-de-la-creme moment, however, was Ruth Ginsberg's comment yesterday:
Indeed they do. DOMA specifies over 1000 federal "benefits" associated with married couples, and then specifies they are only for heterosexual couples. This is why the case is before the Supreme Court. The plaintiff was assessed over $300K in inheritance taxes because her dead wife was not considered her spouse.
What do the right-wing haters think of all this? Rush Limbaugh and FOX Nation show their stunted knowledge of medical terminology by equating homosexuality with pedophelia. Does anybody still buy this? Probably. Hell - a teacher in Idaho is in trouble for using the word "Vagina" in a high school biology class while discussion human reproduction. They really DO wallow in their own ignorance, don't they?
At least Bill O'Reilly is facing the inevitable. He has come forward to disagree with Bill O'Reilly (of several years ago) and saying that gay marriage proponents argue rights and opponents only have the Bible. While that is essentially true, it's funny to see him pretend he wasn't one of those thumpers in the past.
The ruling won't be forthcoming for a few months. Until then, the pundits will go over the transcript and the audio and try to milk this for whatever they can.
Will that be whole milk or skim milk?
There were some interesting questions asked and statements made by the justices. Elena Kagen broke court tradition by referring to the House Judiciary report and attacking the rationale for the creation of section 3 in the first place. The lawyer defending DOMA (Paul Clement - hired by John Boehner, since President Obama wasn't willing to defend it) responded that the motivations for creating it do not play into whether it is constitutional or not.
The justices also discussed just dropping the Prop 8 case:
"You might address why you think we should take and decide this case," Kennedy said to lawyer Charles Cooper, representing opponents of same-sex marriage.
One might have thought the court had already crossed that bridge.
But now the justices were openly discussing essentially walking away from the case over California's Proposition 8, a voter-approved ban on gay marriage, without deciding anything at all about such unions.
[..]
Scalia sought to counter Kennedy's comment, and a similar one from Justice Sonia Sotomayor, that maybe the court should get rid of the case.
"It's too late for that, too late for that now, isn't it? I mean, we granted cert," Scalia said, using the legal shorthand for the court's decision to hear a case. "We have crossed that river, I think."
The creme-de-la-creme moment, however, was Ruth Ginsberg's comment yesterday:
"You are really diminishing what the state has said is marriage," Ginsburg said to Clement.
"There's two kinds of marriage, there's full marriage and then there's sort of skim milk marriage," continued Ginsburg, referring to Clement's argument.
"[Marriage benefits] affect every aspect of life," Ginsburg said.
Indeed they do. DOMA specifies over 1000 federal "benefits" associated with married couples, and then specifies they are only for heterosexual couples. This is why the case is before the Supreme Court. The plaintiff was assessed over $300K in inheritance taxes because her dead wife was not considered her spouse.
What do the right-wing haters think of all this? Rush Limbaugh and FOX Nation show their stunted knowledge of medical terminology by equating homosexuality with pedophelia. Does anybody still buy this? Probably. Hell - a teacher in Idaho is in trouble for using the word "Vagina" in a high school biology class while discussion human reproduction. They really DO wallow in their own ignorance, don't they?
At least Bill O'Reilly is facing the inevitable. He has come forward to disagree with Bill O'Reilly (of several years ago) and saying that gay marriage proponents argue rights and opponents only have the Bible. While that is essentially true, it's funny to see him pretend he wasn't one of those thumpers in the past.
The ruling won't be forthcoming for a few months. Until then, the pundits will go over the transcript and the audio and try to milk this for whatever they can.
Will that be whole milk or skim milk?
Comments:
Order comments Newest to Oldest Refresh Comments
Comment by 
BobR on 03/28/2013 13:10:19
BobR on 03/28/2013 13:10:19
One other thing that struck me this morning. For all the wailing that Republicans do about Democrats subverting the Constitution, it seems that it's always the laws created by Republicans that get overturned by the SCOTUS, and the laws created by Democrats that get upheld.
Comment by 
Mondobubba on 03/28/2013 13:12:56
You mean like North Dakota's flagrantly unconstitutional ban on abortion?
Mondobubba on 03/28/2013 13:12:56
Quote by BobR:
One other thing that struck me this morning. For all the wailing that Republicans do about Democrats subverting the Constitution, it seems that it's always the laws created by Republicans that get overturned by the SCOTUS, and the laws created by Democrats that get upheld.
You mean like North Dakota's flagrantly unconstitutional ban on abortion?
Comment by 
Raine on 03/28/2013 13:15:40
Good morning.
I was amazed at some of the audio I heard from yesterday.
Raine on 03/28/2013 13:15:40
Good morning. I was amazed at some of the audio I heard from yesterday.
Comment by Raine on 03/28/2013 13:17:10
Pro vs. con....
Raine on 03/28/2013 13:17:10
Quote by BobR:
One other thing that struck me this morning. For all the wailing that Republicans do about Democrats subverting the Constitution, it seems that it's always the laws created by Republicans that get overturned by the SCOTUS, and the laws created by Democrats that get upheld.
Pro vs. con....
Comment by 
wickedpam on 03/28/2013 13:19:24
wickedpam on 03/28/2013 13:19:24
Morning 
Comment by Mondobubba on 03/28/2013 13:33:38
Mondobubba on 03/28/2013 13:33:38
Teacher under investingation for using the word "vagina" in an anatomy lesson. Really Idaho? Really?
VAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINA! There I said it Idaho, what are you gonna do.
VAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINA! There I said it Idaho, what are you gonna do.
Comment by 
clintster on 03/28/2013 13:37:03
clintster on 03/28/2013 13:37:03
Gay Tea Party Patriots? 
Good Lord.
Good Lord.
Comment by Raine on 03/28/2013 13:46:51
Psst... This story is in the blog today. 
Raine on 03/28/2013 13:46:51
Quote by Mondobubba:
Teacher under investingation for using the word "vagina" in an anatomy lesson. Really Idaho? Really?
VAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINA! There I said it Idaho, what are you gonna do.
Comment by Mondobubba on 03/28/2013 13:52:24
So it is. Perhaps I just was having a childish need to say vajay-jay? :blush: Never mind, nothing to see, move along. :whistle:
Mondobubba on 03/28/2013 13:52:24
Quote by Raine:Psst... This story is in the blog today.Quote by Mondobubba:
Teacher under investingation for using the word "vagina" in an anatomy lesson. Really Idaho? Really?
VAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINA! There I said it Idaho, what are you gonna do.
So it is. Perhaps I just was having a childish need to say vajay-jay? :blush: Never mind, nothing to see, move along. :whistle:
Comment by 
Scoopster on 03/28/2013 13:53:19
Scoopster on 03/28/2013 13:53:19
Mornin' all.. 
vagina, that is all.
vagina, that is all.
Comment by 
TriSec on 03/28/2013 13:54:25
TriSec on 03/28/2013 13:54:25
On a geography exam once in grade school, young Javier mis-spelt the fair state of Virginia as....something else.
The Waltham Public School Department did not cease to exist. (and we have saved said paper to embarass him with at some future date.)
The Waltham Public School Department did not cease to exist. (and we have saved said paper to embarass him with at some future date.)
Comment by clintster on 03/28/2013 13:55:26
And may I add... penis?
clintster on 03/28/2013 13:55:26
Quote by Scoopster:
Mornin' all..
vagina, that is all.
And may I add... penis?
Comment by TriSec on 03/28/2013 13:56:11
TriSec on 03/28/2013 13:56:11
Oh, and...
Vaginas in school?
Not in the Idaho class.
Ignorance is bliss.
Vaginas in school?
Not in the Idaho class.
Ignorance is bliss.
Comment by BobR on 03/28/2013 13:56:32
BobR on 03/28/2013 13:56:32
Quote by Raine:Psst... This story is in the blog today.Quote by Mondobubba:
Teacher under investingation for using the word "vagina" in an anatomy lesson. Really Idaho? Really?
VAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINAVAGINA! There I said it Idaho, what are you gonna do.
Comment by BobR on 03/28/2013 13:57:03
wow - you said a mouthful
BobR on 03/28/2013 13:57:03
Quote by Scoopster:
Mornin' all..
vagina, that is all.
wow - you said a mouthful
Comment by TriSec on 03/28/2013 13:57:07
TriSec on 03/28/2013 13:57:07
I can see where the blog is going today.
Comment by clintster on 03/28/2013 14:01:18
"No, but if you help me find my keys we can drive out of here."
clintster on 03/28/2013 14:01:18
Quote by TriSec:
I can see where the blog is going today.
"No, but if you help me find my keys we can drive out of here."
Comment by TriSec on 03/28/2013 14:30:21
TriSec on 03/28/2013 14:30:21
Dear Vendor:
If I tell you something is rejected, and get on the phone with you and give you the specific loop and segment where the error is, that strongly suggests that you should probably fix that before resubmitting the file.
If I tell you something is rejected, and get on the phone with you and give you the specific loop and segment where the error is, that strongly suggests that you should probably fix that before resubmitting the file.
Comment by Raine on 03/28/2013 14:42:35
Raine on 03/28/2013 14:42:35
Comment by Mondobubba on 03/28/2013 14:42:39
Do you feel like this sometimes:
Mondobubba on 03/28/2013 14:42:39
Quote by TriSec:
Dear Vendor:
If I tell you something is rejected, and get on the phone with you and give you the specific loop and segment where the error is, that strongly suggests that you should probably fix that before resubmitting the file.
Do you feel like this sometimes:
Comment by Mondobubba on 03/28/2013 14:43:22
Annadale-on-the-Hudson, right?
Mondobubba on 03/28/2013 14:43:22
Quote by Raine:
Swoon! Gabby Giffords is going to give the Bard College commencement speech!
::hometown pride::
Annadale-on-the-Hudson, right?
Comment by Raine on 03/28/2013 14:49:44
yup. we were just on campus this past weekend.
Raine on 03/28/2013 14:49:44
Quote by Mondobubba:Quote by Raine:
Swoon! Gabby Giffords is going to give the Bard College commencement speech!
::hometown pride::
Annadale-on-the-Hudson, right?
Comment by Mondobubba on 03/28/2013 14:53:46
See, people laugh at my semi-encyclopedic knowledge of Steely Dan lyrics. But it comes in handy. "My Old School" makes reference to Annadale. My Old School is of course, Bard where Misters Fagin and Becker met.
Mondobubba on 03/28/2013 14:53:46
Quote by Raine:yup. we were just on campus this past weekend.Quote by Mondobubba:Quote by Raine:
Swoon! Gabby Giffords is going to give the Bard College commencement speech!
::hometown pride::
Annadale-on-the-Hudson, right?
See, people laugh at my semi-encyclopedic knowledge of Steely Dan lyrics. But it comes in handy. "My Old School" makes reference to Annadale. My Old School is of course, Bard where Misters Fagin and Becker met.
Comment by BobR on 03/28/2013 15:01:07
BobR on 03/28/2013 15:01:07
Quote by clintster:
"No, but if you help me find my keys we can drive out of here."
Comment by Mondobubba on 03/28/2013 15:27:08
Mondobubba on 03/28/2013 15:27:08
:cradles rare, mint copy of Modern Jackass' issue on ironically tinged studio bands of the 70s: My pressscious! We loves it we do!
Comment by Raine on 03/28/2013 15:41:33
Raine on 03/28/2013 15:41:33
So what will the NRA say now that we know Lanza had an NRA certificate?
Christmas card to Lanza from his mother containing a check for the purchase of a firearm,
(snip)
Other gun law reforms like universal background checks and limited magazine size have also been met by opposition from the NRA, despite polls showing most NRA members support expanding background checks and requiring one for every gun sale.
Instead, NRA president Wayne LaPierre has insisted that Lanza may have been mentally ill and influenced by the type of media he consumed, like the video games he played and articles he read about other mass shootings.
Comment by 
trojanrabbit on 03/28/2013 15:45:44
Guess LaPierre would know about being mentally ill...himself being mentally ill and all.
trojanrabbit on 03/28/2013 15:45:44
Quote by Raine:
So what will the NRA say now that we know Lanza had an NRA certificate?Christmas card to Lanza from his mother containing a check for the purchase of a firearm,
(snip)
Other gun law reforms like universal background checks and limited magazine size have also been met by opposition from the NRA, despite polls showing most NRA members support expanding background checks and requiring one for every gun sale.
Instead, NRA president Wayne LaPierre has insisted that Lanza may have been mentally ill and influenced by the type of media he consumed, like the video games he played and articles he read about other mass shootings.
Guess LaPierre would know about being mentally ill...himself being mentally ill and all.
Comment by trojanrabbit on 03/28/2013 15:51:46
trojanrabbit on 03/28/2013 15:51:46
2013 is shaping up to be quite an election year here. Not only do we have the special election for Kerry's Senate seat, but Boston's 5 term mayor, Thomas Menino, will not be seeking a 6th term, setting up a free-for-all come November.
Comment by Mondobubba on 03/28/2013 16:06:01
Rabbit, two words: Tertiary syphilis. That's all you need know about Mr LaPierre.
Mondobubba on 03/28/2013 16:06:01
Quote by trojanrabbit:Quote by Raine:
So what will the NRA say now that we know Lanza had an NRA certificate?Christmas card to Lanza from his mother containing a check for the purchase of a firearm,
(snip)
Other gun law reforms like universal background checks and limited magazine size have also been met by opposition from the NRA, despite polls showing most NRA members support expanding background checks and requiring one for every gun sale.
Instead, NRA president Wayne LaPierre has insisted that Lanza may have been mentally ill and influenced by the type of media he consumed, like the video games he played and articles he read about other mass shootings.
Guess LaPierre would know about being mentally ill...himself being mentally ill and all.
Rabbit, two words: Tertiary syphilis. That's all you need know about Mr LaPierre.
Comment by TriSec on 03/28/2013 16:10:35
One of my Troop adults works for the state up on Beacon Hill. There is a rumour circulating that Hizzoner's health troubles were actually a minor stroke.
TriSec on 03/28/2013 16:10:35
Quote by trojanrabbit:
2013 is shaping up to be quite an election year here. Not only do we have the special election for Kerry's Senate seat, but Boston's 5 term mayor, Thomas Menino, will not be seeking a 6th term, setting up a free-for-all come November.
One of my Troop adults works for the state up on Beacon Hill. There is a rumour circulating that Hizzoner's health troubles were actually a minor stroke.
Comment by Mondobubba on 03/28/2013 16:53:25
Mondobubba on 03/28/2013 16:53:25
Comment by TriSec on 03/28/2013 17:26:33
<-- BANANA!
TriSec on 03/28/2013 17:26:33
<-- BANANA!
Comment by wickedpam on 03/28/2013 18:13:22
wickedpam on 03/28/2013 18:13:22
Comment by Mondobubba on 03/28/2013 18:36:58
Mondobubba on 03/28/2013 18:36:58
Well Zenni Optical, bout damn time you shipped my glasses to me. 8 calendar days is way to long.
Comment by TriSec on 03/28/2013 18:42:54
TriSec on 03/28/2013 18:42:54
Say gang, did I mention that I was at another Pack's Webelos graduation earlier in the week?
I talked to the Scoutmaster briefly, and told him we were thinking about defecting.
"Come on down, we'd be glad to have you."
Which is a red-carpet and champagne welcome compared to what I've been getting from Troop 250 of late.
I talked to the Scoutmaster briefly, and told him we were thinking about defecting.
"Come on down, we'd be glad to have you."
Which is a red-carpet and champagne welcome compared to what I've been getting from Troop 250 of late.
Comment by Mondobubba on 03/28/2013 18:57:51
I say go for. Change is good. Unsettling at the beginning, but over all tis a good thang.
Mondobubba on 03/28/2013 18:57:51
Quote by TriSec:
Say gang, did I mention that I was at another Pack's Webelos graduation earlier in the week?
I talked to the Scoutmaster briefly, and told him we were thinking about defecting.
"Come on down, we'd be glad to have you."
Which is a red-carpet and champagne welcome compared to what I've been getting from Troop 250 of late.
I say go for. Change is good. Unsettling at the beginning, but over all tis a good thang.
Comment by TriSec on 03/28/2013 19:23:59
TriSec on 03/28/2013 19:23:59
Javi's got enough money in his Troop 250 scout account to pay for summer camp. We're vested through the end of the season, but I think the Troop is going to be surprised by my absence next fall.
Spring soccer has just started - his practice is the same as the Troop meeting night. We'll be going in late for the rest of the season now, anyway.
Spring soccer has just started - his practice is the same as the Troop meeting night. We'll be going in late for the rest of the season now, anyway.
Comment by Mondobubba on 03/28/2013 20:54:06
Mondobubba on 03/28/2013 20:54:06
Scouting killed the blog? Long live the blog! :plays Amazing Grace off key on bagpipes:
Comment by Raine on 03/28/2013 21:10:15
Settle down.
We always love the bagpipes.
Raine on 03/28/2013 21:10:15
Quote by Mondobubba:
Scouting killed the blog? Long live the blog! :plays Amazing Grace off key on bagpipes:
We always love the bagpipes.
Comment by Raine on 03/28/2013 21:14:51
Tri-- as proud as you are of being the ultimate blue state -- it think it is time to stop assuming about the blue.
The red is creeping in. it is. The Red took advantage of the the Blue *blahs* regarding Coakley. They totally capitalized on it and that is how we got Brown.
Raine on 03/28/2013 21:14:51
Quote by TriSec:
I got two words for ya, Bucko..."Martha Coakley".
The red is creeping in. it is. The Red took advantage of the the Blue *blahs* regarding Coakley. They totally capitalized on it and that is how we got Brown.
Comment by Mondobubba on 03/28/2013 21:34:38
Even off key? Like you could tell?
Mondobubba on 03/28/2013 21:34:38
Quote by Raine:Settle down.Quote by Mondobubba:
Scouting killed the blog? Long live the blog! :plays Amazing Grace off key on bagpipes:
We always love the bagpipes.
Even off key? Like you could tell?
Comment by Mondobubba on 03/28/2013 21:38:14
Mondobubba on 03/28/2013 21:38:14
Have I mentioned lately my near fatal allergy to dumbfuckery? 
That is all.
That is all.
Comment by Will in Chicago on 03/28/2013 22:12:09
Will in Chicago on 03/28/2013 22:12:09
Good afternon. I hope that everyone is doing well today.
I have some great news. My great niece Emily is coming home today after being in the hospital the last few weeks with viral infections. So, thanks for the support and prayers.
As for the anti-marriage equality crowd, it seems that their arguments are so thin as to resemble tissue paper.
I have some great news. My great niece Emily is coming home today after being in the hospital the last few weeks with viral infections. So, thanks for the support and prayers.
As for the anti-marriage equality crowd, it seems that their arguments are so thin as to resemble tissue paper.
Comment by TriSec on 03/29/2013 00:40:41
No, no. I think you missed my meaning. Markey is getting too complacent and cocky. Just like Martha Coakley. She was the Chosen One, much like Markey is this time around.
The State Repubs don't have anyone nearly as capable as Scott Brown this time around, though. (which should tell you much.)
TriSec on 03/29/2013 00:40:41
Quote by Raine:
Tri-- as proud as you are of being the ultimate blue state -- it think it is time to stop assuming about the blue.
The red is creeping in. it is. The Red took advantage of the the Blue *blahs* regarding Coakley. They totally capitalized on it and that is how we got Brown.
No, no. I think you missed my meaning. Markey is getting too complacent and cocky. Just like Martha Coakley. She was the Chosen One, much like Markey is this time around.
The State Repubs don't have anyone nearly as capable as Scott Brown this time around, though. (which should tell you much.)