Gay Marriage and Legal Surrealism

There have been strong arguments on both sides about how the Supreme Court should rule on the Defense of Marriage Act and California's Proposition 8 this week. Whatever happens, I can't escape the feeling that there is something surreal about the legal fight surrounding gay marriage. There is something slightly absurd about a small panel of jurists -- as few as five individuals -- ruling on what is constitutionally permissible in terms of defining what a family is. Haven't thousands of years of history, experience, and (for those of you who believe) divine revelation already shown us what a family is? I shouldn't be surprised, though. In 1974, the Supremes essentially ruled on when life begins. Such rulings are bizarre. The justices aren't the Supreme Court of ontology or the spokespersons of God to this age. What a horrible way to make law -- empowering five people to make such far-reaching decisions -- and what a terrible burden it is to place on any human beings, flawed and...(Read Full Article)