For those confident that the Supreme Court’s decisions in Wednesday’s same-sex marriage cases, Perry v. Hollingsworth and United States v. Windsor, will make marriage an issue of states’ rights, think again. David Boies, co-lead counsel for the plaintiffs in Perry, told Candy Crowley on Sunday’s State of the Union that the Supreme Court’s decision appropriately “invalidated” states’ rights:
California decided. California passed Proposition 8. What the Court was doing was invalidating California’s choice, and that is exactly what the courts are supposed to do under the 14th Amendment.
The principles from the Supreme Court’s rulings on Wednesday are “now going to be applied nationally,” says Boies, and wherever same-sex marriage is not enshrined legislatively, it will be enforced “judicially, if necessary.”
So much for federalism.