Nationally syndicated columnist and Fox News commentator Charles Krauthammer says Wednesday’s Supreme Court rulings striking down the Defense of Marriage Act and Proposition 8 will “inevitably lead to the overturning of all the laws in all the states that disallow gay marriage.”
Referring to Justice Anthony Kennedy’s majority opinion, Krauthammer said, the court essentially is “nationalizing gay marriage in the way Roe nationalized and abolished all the abortion laws.”
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If Kennedy had only cited federalism, said Krauthammer, the decision could be called a conservative victory. But because Kennedy said 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.