Supreme Court Ruling Supports Same-Sex Marriage
The U.S. Supreme Court issued Friday a landmark decision, ruling that marriage is a Constitutionally protected right to homosexual as well as heterosexual couples. The New York Times notes that last year, by refusing to hear appeals to decisions favoring same-sex marriage in five states, the court "delivered a tacit victory for gay rights, immediately expanding the number of states with same-sex marriage to 24, along with the District of Columbia, up from 19." (In the time since, several more states have expanded marriage to include gay couples.) Reuters expains a bit of the legal and political history of the movement which led to today's decision, and points out some of the countries around the world which have made similar moves already.
So now we have a right out of thin air that has been left to the states in every form since the founding of our country. The majority in this case have clearly decided that 'progress' should sustain and even override the Constitution. Scalia's dissent is very brute force and blunt ...and rings true. Justice Roberts, on the other hand, seems to be confused. He, along with Scalia in this case basically says, the federal government has no say in an institution that it never conceived or created..etc etc and it should be left to the states - but then yesterday in the ACA ruling he basically is part of the majority that there should be a new right out of thin air based on word games. i.e. What does 'state' actually mean, instead of just abiding by what the Constitution says.
The 14th amendment does talk about equality for all but it doesn't express a fundamental right to marry, even for heterosexuals. In other words, since the states have been handing out marriage certificates, it has never had a legal right to do nor a fundamental religious or natural reason to do so but the states chose to do so to help solidify a taxpayer base that was grounded in strong family units - (i.e. families that stay in the state that shop, live, eat and contribute overall to their communities) and the states recognized that a stable family unit was beneficial (whether you agree or question the motives).
What's to stop three people from wanting to marry? I don't mean to be a conspirator but according to the language that I see there is nothing that can stop it. What about four? How in this world now are we supposed to both protect same sex marriage AND protect the freedom of religion and the ability to practice and act upon our beliefs without being sued? I am waiting now for the first lawsuit to appear about a pastor at a church won't marry Jane and Sally because of the pastors firmly held beliefs and the core doctrine and tenants of the church's faith. I see there is language talking about this balance in the ruling - but that's not going to stop people from getting targeted and sued.
This is the beginning of mish mash of lawsuits that the SCOTUS has brought on all of us. If they can make up rights out of thin air then there's nothing stopping them from doing it again...and again..and scalia calls the court egotistical..with an overreaching hubris...
Today and yesterday really and truly make me afraid of our freedoms moving forward.
All known cultures? No. For example, right here in America, the original Americans -- specifically, the Native Americans of the Great Plains -- had what you would define as homosexual marriage. From http://plainshumanities.unl.ed...:
See also http://www.sinclair.edu/academ... , which notes that those relationships ranged from promiscuity to stable marriages, depending on the tribe. Among the Crow, for example, physiologically-female berdaches generally married women.
So you see, both acceptance of transgendered individuals and homosexual marriage is a long-standing American tradition.
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