The Next Step on LGBT Equality
Ok so as of today, the federal government recognizes same-sex marriages from all states that recognize same-sex marriage. The Pentagon for instance has already moved to extend benefits to same-sex couples. The federal government is the largest employer in the nation. This is a huge deal! So we need to ensure that the full extent of our newly recognized rights are followed through on.
But moving forward how do we continue?
There are now 14 states and one territory (Washington DC) that recognize marriage equality: CA, CT, DC, DE, IA, MA, MD, ME, MN, NH, NY, RI, VT, WA, . That is beyond the required 13 to reject a federal constitutional amendment banning marriage equality. We have won this battle. We no longer will be threatened by a federal anti-marriage "endgame".
Moving forward it is clear that both the LGBT movement and the anti-LGBT crowd are heavily entrenched in the state-level movement. We have dealt blows to the federal level anti-LGBT movement today and I don't see that being an issue in the near future.
1) We will move forward passing state amendments recognizing marriage equality. Possible in roads in the coming months: Illinois, Oregon and New Jersey. And in the coming years: Michigan, New Mexico, Nevada, and Virginia. A few outliers: Pennsylvania, North Carolina and Florida.
2) We will begin exploring tying the "Necessary and Proper Clause" of the US Constitution and it's application after the Court rulings today. The Necessary and Proper Clause grants Congress the right to use powers not enumerated in the Constitution to carry out its duties. One of its duties as a result of the ruling today is to recognize federal rights of LGBT couples in states that recognize LGBT couples.
The ruling today affirms that it is unconstitutional to single out LGBT people and take away from them rights that other Americans have without criminal conviction. I contest therefore that the US government is compelled to recognize marriage equality in all states and has the power to do so under the Necessary and Proper Clause. If the Congress does not do so or tries to do the opposite, then the judiciary is required to find their actions unconstitutional.
3) Then we win. Based on current court precedents. We just need a Court that will rule on it.
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