Supreme Court delivers wins for gay marriage movement

[JoeRedskin]

Originally Posted by dmek25

i wasn't talking about the ruling by the SC, or Roberts decision. i was quoting justice scalia

While the Alito filed a dissent in DOMA, he simply joined in Roberts' opinion in VRA. So not sure what you are "quoting" from Alito in regards to the VRA. Please provide a cite to your assertion that Alito stated:

Originally Posted by dmek25

he also said the we dont need the voting rights act. that was for when there was racism in the south. now a days the south is no more racist then me.

Further, Alito's dissent in DOMA is entirely consistent with the majority opinion in the VRA. Rather than using judicial authority to overturn legislative policy determinations without a sound constitutional basis for doing so (as the majority does in the DOMA ruling), he believes such policy decisions rightly belong before the legislative arm subject only to constitutional review by the judicial branch.

What Windsor and the United States seek, therefore, is not the protection of a deeply rooted right [the right to same-sex marriage] but the recognition of a very new right, and they seek this innovation not from a legislative body elected by the people, but from unelected judges.

...

Legislatures, however, have little choice but to decide between the two views. We have long made clear that neither the political branches of the Federal Government nor state governments are required to be neutral between competing visions of the good, provided that the vision of the good that they adopt is not countermanded by the Constitution. ... Accordingly, both Congress and the States are entitled to enact laws recognizing either of the two understandings of marriage. And given the size of government and the degree to which it now regulates daily life, it seems unlikely that either Congress or the States could maintain complete neutrality even if they tried assiduously to do so.