DOMA’s exclusion of same-sex marriages violated equal protection, the Court ruled, because the exclusion was based on a demeaning view of same-sex marriages—a view of such marriages as, in the words of the Court, “second-class”: morally inferior to opposite-sex marriages.The Supreme Court reached the correct decision in United States v. Windsor, in my judgment, but Justice Kennedy’s opinion for the Court was much less clear than it should have been about why DOMA’s exclusion of same-sex marriages was unconstitutional.
There is no shortage of elements in Romney’s statements to investigate. In particular, his ridiculously inaccurate statements about taxes are being addressed by journalists and analysts like Ezra Klein in today’s Washington Post. But behind his statement about victimhood and the dismissal of almost half the country as dependent upon the government without any contribution to civil society is a revealing ideology of the public order that I find most disturbing.