Speaking on Special Report Wednesday evening, Charles Krauthammer argued that today’s Supreme Court rulings striking down DOMA and Proposition 8 will “inevitably lead to the overturning of all the laws in all the states that disallow gay marriage.”
Krauthammer cited Justice Kennedy’s majority opinion, which sought to combine federalist and equal protection principles in striking down Congress’s right to deny benefits to legally married gay couples. If the ruling had only cited federalism, said Krauthammer, the decision would be a conservative victory. But instead, because the court ruled that depriving benefits for gay couples is discriminatory, there is no reason the same logic shouldn’t apply to the states that don’t allow gay marriage in the first place.
Concluded Krauthammer: “In this opinion, is the absolutely inevitable seed of essentially nationalizing gay marriage in the way Roe nationalized and abolished all the abortion laws.”