I’m not a lawyer. And I’m not particularly smart. But that doesn’t stop me from writing my opinion.
Rather, I’m a libertarian-ish conservative. I like a small central government that protects us from evil people in other countries and delivers mail. And prosecutes people who do great harm across state lines.
The Supreme Court has two big gay marriage cases pending. At issue:
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Do the people of California have the right to define marriage in their state?
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Does the federal government have the power to define marriage in every state?
If I were a Supreme Court justice (stop laughing), here’s how I’d rule:
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Yes, the people of California have the right to define marriage in their state. Prop 8 upheld
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No, the people never gave the federal government the power to define marriage. DOMA unconstitutional.
Now, let’s scale back entitlements and reform the tax code so federal tax burdens apply equally to everyone regardless of marital status, sexual preference, or eye color.