The editorial board at Philly.com is calling for the state legislature to legalize same sex marriage before a court does it.
So Scalia was right. But what he didn’t say (because he doesn’t believe it) is that the logic of the DOMA decision applies so well to state bans because both are discriminatory in similar ways. The problem here wasn’t an overbroad decision; it’s just two crappy kinds of law that deserve the same fate. But let’s back up. Because, although we believe that state gay-marriage bans are unconstitutional, we are also sensitive to the fact that whenever possible, it is preferable for a legislature to pass constitutional laws rather than have a judiciary strike down unconstitutional ones. The best way to protect against the tyranny of the majority is to skip the tyranny in the first place…
It’s time for this nonsense to stop. The Pennsylvania Legislature ought to do the right thing and take same-sex marriage to a vote, and then do the right thing again and vote in favor of it. This has always been the moral thing to do; now it represents the will of the people. All same-sex marriage in Pennsylvania needs is the support of our Legislature. Or else eventually – it’s “inevitable,” as Justice Scalia wrote – it will have the backing of the Supreme Court.
One by one, state by state, until we reach all 50.