RUSH: Ladies and gentlemen, a correction is due. I erred. I committed a boo-boo in the analysis of the Supreme Court ruling today on gay marriage. It is not going to be state-by-state. It has been nationalized because of the — what basically has happened, the Supreme Court let lower court rulings on this stand, so essentially gay marriage can happen anywhere now. It’s not going to require a referendum or a vote state-by-state. It has, effectively with this action, by not taking any action and letting the lower court’s latest rulings on gay marriage be the rule of the day, then gay marriage has been nationalized, is what this essentially means.
RUSH: My confusion over this stemmed from something I heard on TV this morning. It was either CNN or Fox, and I heard somebody analyzing it and I heard somebody say, “So now it’s a state-by-state proposition.” It was somebody who, I thought, knew what they were talking about. But here’s the crux of the matter with the Supreme Court ruling on gay marriage.
We can cite Chris Cillizza at the Washington Post is giddy about it. He says, “Supreme Court confirms what should be already known: The fight over gay marriage is over,” and it is. The Supreme Court’s action today essentially nationalized the proposition, despite the number of states that have had referendums where majorities opposed it. The Politico has an article that may help explain why the Supreme Court punted on this.
They cite Justice Ruth “Buzzi” Ginsburg who “may have foreshadowed the courtÂ’s decision.” She was speaking, making a speech last month. She said in the speech “that the justices were likely to await a difference in opinion among the circuit courts to rule on the issue,” and there is no disagreement in rulings at the circuit court. “[A]ll three federal appeals courts to take it up have agreed that it is unconstitutional for states to prohibit same-sex marriage.”
As far as Supreme Court’s concerned — according to, at least, the heads-up that you might want to interpret from Ruth “Buzzi” Ginsburg — since all three federal appeals courts have taken the case up have agreed that it’s unconstitutional for states to prohibit it, they don’t have any disagreement to arbitrate. The lower court rulings have all been identical. It’s unconstitutional for states to prohibit gay marriage.
So there was no desire to strike that down because there was no lower court ruling disagreeing with those three. So that’s why they punted, and in punting — and that’s really what they did. In punting, same-sex marriage/gay marriage is now the law of the land, anywhere, any time, wherever.