These are wonderful to read. Surprisingly, Scalia's dissent is possibly my favorite to read. The preceding opinions are very matter of fact, neutral, citing precedent and fully and clearly explaining how, why, and what the Court can and cannot do, why it is judging at all, and why it judges the way it does. It's very "textbook" speech.
Then you read Scalia's and it's like an internet rant. He's just angry and nasty and so painfully beneath a level of discourse someone in his position should be held to. But what's delicious about it is how - as he's blasting the majority for what he paints as their intentional paving-the-way for the eventual full equality they disappointingly fell short of today - he is in effect only highlighting and emphasizing what he is so vehemently in denial of even as he proves the point he's arguing against:
That equality is inevitable. That despite the majority's side-stepping gay marriage bans on the State level, there is no defending a State's right to deny marriage to same-sex couples. His own raving Dissent actually includes building the obvious eventual inevitable Court statements striking down State gay marriage bans.
I've still got to read the full statements on Prop 8, but the DOMA opinions were very clearly written with the prop 8 decisions in mind too. They exhaustively wave the line that States decide what Marriage means, not the federal government, which is the line they used to dodge ruling on the constitutionality of same-sex marriage bans. But there's no other way for this to go. It's only a matter of time before a case presents itself that satisfies the requirements to reach the Supreme Court and is a more direct case of Marriage inequality being fundamentally unconstitutional regardless of what the States say. It'll just be an enormous waste of resources and money (not to mention interim harm and mistreatment of people denied their rights) between now and when such a case goes through the motions. One of the majority opinions in DOMA even mentions exactly that kind of injury to the people and the system as justification for them to even judge on DOMA. So they could have spared COUNTLESS hours and taxpayer dollars by just taking that one more additional step and declaring all state-level bans on same-sex marriage as unconstitutional.
I think the only reason the prop 8 decision was intentionally limited to simply kicking it back to the lower court was because so much of their DOMA decision relied on "No, all this marriage stuff is up to the states to decide." Which is an understandable but still annoyingly frustrating bit of having to play the system rather than just fucking drop the gavel on bigoted bullshit and get this stupid fight over with.
I'll add to this or do an addendum journal after I get the chance to read the prop 8 opinions tomorrow. The sun's out, so I should probably go to sleep. XD
EDIT: Couldn't sleep, read the prop 8 decision, too. Full agreement with the dissenting opinion. The proponents of prop 8 absolutely had standing to appear in federal court. Dismissing their standing nullifies the whole Initiative process both in intent and function. I'm actually kinda pissed at the majority decision on that one. Severely. They had standing to appear in court, but it wasn't just a minor cop-out for the court to avoid having to make a judgment on that one, they set a precedent that is a seriously huge dismissal of state's rights.