Columnist and Fox News contributor Charles Krauthammer yesterday claimed the Supreme Court rulings on the Defense of Marriage Act and Prop 8 will “inevitably lead to overturning all the laws in all the states that disallow gay marriage.”
“The Kennedy opinion says that states are sovereign on the issue of marriage and thus the federal government cannot impose its definition on the states,” he explained. “If Kennedy had stopped with that, it would have been a conservative decision. It would have been essentially a way of saying, ‘the status quo prevails.’”
However, Krauthammer said the Supreme Court ruled that depriving benefits for gay couples is discriminatory and in violation of the Equal Protection Clause. This concept, he said, will apply to all the states that don’t allow gay marriage.
“In this opinion, is the absolutely inevitable seed of essentially nationalizing gay marriage in the way Roe nationalized and abolished all the abortion laws,” he added.