In it, but not of it. TPM DC

In Striking Down Utah's Gay Marriage Ban, Judge Gives Scalia Big Bear Hug

Supreme-court-scalia--3
AP Photo / Josh Reynolds

In my opinion, however, the view that this Court will take of state prohibition of same-sex marriage is indicated beyond mistaking by today's opinion. As I have said, the real rationale of today's opinion ... is that DOMA is motivated by "bare... desire to harm" couples in same-sex marriages. How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.

Shelby nodded in rhetorical agreement with Scalia's reasoning after citing that quote in his decision.

"The court agrees with Justice Scalia’s interpretation of Windsor," Shelby wrote, "and finds that the important federalism concerns at issue here are nevertheless insufficient to save a state-law prohibition that denies the Plaintiffs their rights to due process and equal protection under the law."

Utah Gay Marriage Ruling