Bench Memos

Mark Steyn on the Marriage Cases

In his weekend column on NRO, the brilliant and inimitable Mark Steyn reflects on the DOMA ruling as part of his broader lament on what our supposed “constitutional republic of limited government by citizen representatives” has degenerated into. An excerpt:

Having assumed the power to redefine a societal institution that predates the United States by thousands of years, Emperor Tony the All-Wise had the responsibility at least to work up the semblance of a legal argument. Instead, he struck down the Defense of Marriage Act on the grounds that those responsible for it were motivated by an “improper animus” against a “politically unpopular group” they wished to “disparage,” “demean,” and “humiliate” as “unworthy.” What stump-toothed knuckle-dragging inbred swamp-dwellers from which hellish Bible Belt redoubt would do such a thing? Well, fortunately, we have their names on the record: The DOMA legislators who were driven by their need to “harm” gay people include notorious homophobe Democrats Chuck Schumer, Pat Leahy, Harry Reid, Joe Biden, and the virulent anti-gay hater who signed it into law, Bill Clinton.

It’s good to have President Clinton’s animus against gays finally exposed by Anthony Kennedy. There’s a famous photograph of him taken round the time he signed DOMA, at a big fundraiser wearing that black-tie-and-wing-collar combo that always made him look like the maître d’ at a 19th-century bordello. He’s receiving greetings from celebrity couple Ellen DeGeneres and Anne Heche, who’d come out as gay the week before and, in the first flush of romance, can’t keep their hands off each other even with President Happy Pants trying to get a piece of the action. For a man motivated only by a hateful need to harm gays, he’s doing a grand job of covering it up, looking like the guy who decided to splash out for the two-girl special on the last night of the sales convention. Nevertheless, reacting to the Supreme Court’s decision, President Clinton professed himself delighted to have been struck down as a homophobe.

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