My longer form reaction. Between yesterday’s VRA opinion, the minimally acceptable outcome on the Prop 8 case, and the failure to apply clearly heightened scrutiny in Windsor I’m a little subdued, which isn’t to deny that this is a major victory for civil rights:
In combination, then, these two rulings are a solid base hit for gay and lesbian rights rather than a home run. The Court did not apply heightened scrutiny to sexual orientation or rule state bans on same-sex marriage unconstitutional. But it did indirectly extend same-sex marriage to a state with nearly 40 million residents and ensure that those in same-sex marriages have gained access to the federal benefits they’re entitled to. In the context of the current Court, this kind of incremental progress is worth celebrating, even if a great deal more work remains to be done for gays and lesbians who in a majority of American states are still having their fundamental rights denied.
I also really want someone to leak what went on in the Prop 8 case.