On Tuesday, Republican-nominated Judge John E. Jones III ruled the Commonwealth of Pennsylvania’s version of the now-also-unconstitutional federal Defense of Marriage Act unconstitutional. Now, without any challenge from the Corbett administration (the governor issued a statement saying he would let the ruling stand), same sex marriage is fully legal and recognized in Pennsylvania (forever and ever amen).
“In future generations the label same-sex marriage will be abandoned, to be replaced simply by marriage,” Jones writes in his decision, noting Americans “are a better people than what [anti-gay marriage] laws represent, and it is time to discard them into the ash heap of history.”
To make his legal case, Jones cites the Supreme Court’s decision in Brown v. Board of Education, which abolished racial segregation in the United States.
There was an impromptu celebration—which is ongoing—but not everyone was happy with the decision.
In a rambling, erratic diatribe on Wednesday, State Rep. Daryl Metcalfe (R-Butler) decried Corbett’s decision to let the federal ruling stand.
“The decision on marriage should be left to the voters of Pennsylvania, not an activist judge,” says Metcalfe via press release. Curiously, Metcalfe glosses over the fact that in the United States, three branches of government exist as part of the nation’s checks and balances system.
About two hundred years ago, the Supreme Court ruled in Marbury v. Madison that the courts exist for this very reason: to provide judicial review to legislation to ensure popular laws do not infringe on the constitutional rights of minorities. This decision was buttressed decades earlier in the Federalist Papers, specifically Number 10, which explained the need for checks and balances to exist as girders against the majority infringing on the constitutional rights of minorities in the nation.
Nonetheless, Metcalfe, along with the Westboro Baptist Church and the state GOP, committee all stomped their feet and tried to rain on everyone’s rainbow parade.
Metcalfe’s continued erratic petulance looks more like an audition to be a manager at Chick-Fil-A more than a legislator. His release comes on the heels of his holding a hearing to impeach Attorney General Kathleeen Kane for “misbehavior” (a hearing called a “kangaroo court” by Democrats, at which they all walked out).
Metcalfe’s continued foray into bigoted oblivion with his bizarre, homophobic, nonsensical press releases is really more fitting for former US Senator Joseph McCarthy than the halls of the Capitol in Harrisburg.
Savage Love: Sondheim is solace