Reviewing
comments at the the Supreme Court this week it appears that the court
will avoid a less than sweeping gay marriage decision by punting on
California's Prop 8. Instead of feeling badly about it Gay right's advocates
might as well use the political ground swell in their favor to build a solid legal base legislatively
brought about. With regard to the Defense of Marriage Act (DOMA) I
believe it is toast as a law but it's repeal will not replace the
need for legislation by additional states recognizing gay marriage.
Clearly
the federal government can create laws. But DOMA narrowly defined a
condition in political flux and thereby
created untenable contradictions that are easily relieved by it's
repeal. Federal drug laws on the other hand will not have such a
handy out without Federal
Legislation to end Marijuana Prohibition. Despite
various states success in decriminalizing marijuana laws it will
require a bill such as
H.R.
2306
entitled
the 'Ending Federal Marijuana Prohibition Act of 2011' to avoid Justice Scalia's justifiable derision of legislating through the court.
Ending Federal Marijuana Prohibition
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