The Dyke Whisperer

Good news today for the gays of Massachusetts!  A Judge in Boston ruled that Congress violated both the 10th Amendment and the Due Process Clause of Fifth Amendment of the US Constitution, ruling the heinous Defense of Marriage Act (DOMA) unconstitutional. 

Let’s not get too excited though: A District court ruled that DOMA is unconstitutional. This ruling is binding precedent only within that district. On appeal, it will go to a circuit court. That ruling is only binding precedent in that circuit. The only way it will be ruled unconstitutional for the entire US is if it is appealed to the Supreme Court.

In other words, we can celebrate a small victory, but we should be prepared to face a severe backlash as socially conservative political opportunists use this ruling to motivate their followers to vote against progressive candidates in November.