Texas became the latest victim of US v. Windsor, the recent pro-gay Supreme Court decision, as a federal judge struck down the state’s gay marriage ban.
The court ruled that under US v. Windsor, the decision from last June that struck down a key portion of the Defense of Marriage Act (DOMA), the state of Texas cannot “deny homosexual couples the right to marry, and in doing so, demean their dignity for no legitimate reason.”
Here’s the key part of the decision:
The judge did stay the ruling, pending an appeal to the 5th circuit. Meaning, there will be no marriages of gay couples in Texas until this case works its way through the courts.
Still, the marriage equality train moves forward with what seems like an unstoppable momentum.
In a way, what the Supreme Court’s majority did with US v. Windsor was rather genius. They basically handed us gay marriage with a built-in time-delay.
The decision guarantees that state laws against gays marrying will be struck down, but it also guarantees that the only way that will happen is by individual lawsuits in individual states states. Justin Snow over at Metro Weekly notes that this is now the sixth time that a federal judge has struck down a state gay marriage ban since the Windsor decision came out.
And while I’m no fan of justice-delayed, it’s an interesting notion putting gay marriage on an egg-timer, so that the successes can dribble out one by one, month by month, and give Americans time to get used to it all, while at the same time giving marriage equality a sense of inevitability which slowly wears down the opposition by attrition.
Again, morally I’m not a fan of biding my time. Politically and strategically, what the Supreme Court majority did is starting to appear more brilliant by the day.