Category Archives: Asian American Legal Defense and Education Fund (AALDEF) blog

On DOMA and Ginsburg’s dairy metaphor: Coconut milk marriages anyone?

I think my initial predictions will hold up. Prop. 8 goes back, and same-sex marriage resumes in California only. DOMA however goes dormant, if not totally dead.  DOMA doesn’t make sense, but to predict exactly how SCOTUS will come down on it isn’t really clear. Kennedy talking states’ rights and against Federalism could sway the conservatives, who may want to do nothing and let the Obama Administration have the courage of their convictions, i.e., if it’s a bad law, don’t enforce it. But who wants to deal with principles in Washington?

Then again, SCOTUS  can’t not do something. As Kennedy pointed out there is a definite victim with the estate tax burden on the plaintiff.

The court can be so stuffy that anytime someone shows some humanity or levity, it brings oxygen to the brain. That makes Justice Ginsburg  high-point scorer for the Wednesday session by pointing out the problem with denying same-sex couples the basic rights afforded to other marrieds under federal law.  The two-tiered, second class argument works here. But as Ginsburg put in dairy terms, that’s “skimmed milk marriage.” 

She totally skipped 2 percent marriage.

And then, what about the vegans?   

Do I have a coconut milk marriage? (You can have non-dairy, no-sugar, good fat Coconut Milk, Trader Joe makes the best one I’ve tasted. We’re talking alternatives that complete the metaphor).

See my original predictions at www.aaldef.org/blog