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What's Really Going on Behind Texas SB 5

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lawhawk6/27/2013 7:21:47 am PDT

That’s Rich Lowry, who has no problem as editor of National Review working with the likes of racists including Derbyshire (until he was forced to fire him when the racism got a little too public).

And his argument is based solely on position taken on gay marriage, rather than the fact that the conservative wing engaged in the same kind of activist jurisprudence when they struck down Section 4 of the VRA. That, Lowry and the rest of the NR staff, appear okay with (well, did you expect anything different).

But really let’s look at what happened at the Court in the span of two days.

You had the conservative wing slash and burn its way through the VRA and limit voter protections claiming that Congress needs to act to modernize the formulas on preclearance.

You had the Court’s liberal wing turn around and extend equal protection rights and protections to gay couples by killing DOMA.

The effect on heterosexual couples who are married: NONE
The effect on heterosexual couples who might be getting married: NONE
The effect on churches who preach that being gay is bad: NONE (they get to keep on doing what they’ve been doing).

No one is being forced to get gay married (unless you’re fabulous and want to). No one is forcing groups to marry gay couples (religious protections still exist).

There is no comparison here. In the VRA case, the Court struck down laws that highlight their necessity when hours after it was struck down, states that formerly required preclearance are rushing through laws that will effectively reduce the ability of its citizens to vote. Congress will have to act to resolve this, but with this Congress and this House GOP in particular, the chances of fixing this anytime soon is remote at best.

In the DOMA, the Court extended rights previously enshrined in the Constitution to SSM couples, eliminating a piece of bigoted law from affecting federal benefits and rules on couples who lawfully married under the laws of their individual states. Fact is, this decision is faithful to the 10th Amendment in a way that the right wing typically fawns over - the Court found that the feds engaged in legislative overreach. But, because this extends rights to gays, the right wing and social conservatives are claiming the sky is falling and the end times are near.