Another ugly episode of 'SCOTUS knows best'
On the surface, this is a victory for so-called "gay rights."
In fact, it is a serious defeat for the Constitution, and for those of us who believe in what the Founding Fathers created.
The Wall Street Journal makes a good point today:
The complication is that the Constitution is silent about marriage and social-policy preferences, which are supposed to be settled by the people and the political branches.
And that's the point!
Over the last 24 hours, I've been hearing words like love or phrases like "right to marry."
In fact, I don't have a problem with love or marriage. I'm delighted that people in love want to get married.
My problem is that Justice Kennedy, and four others, found a right that isn't there. They decided that they know best rather than to let the legislatures and voters make the call. (By the way, many states had already done so.)
There are huge problems coming down the road:
First, the justices have not settled anything. They've simply poisoned the political well by imposing their definition of marriage on the rest of us.
Did Roe v. Wade settle abortion? No. It is still a contentious issue, because it happened by judicial fiat rather than voters and state legislatures.
Second, this new ruling will turn every judicial nomination into a battle over abortion or same-sex marriage. I can hear the questions: do you believe that the decision over same sex marriage is settled law? Can you guarantee that you won't overturn it?
David Brooks saw this in the battles for now-justices Alito and Roberts:
Justice Harry Blackmun did more inadvertent damage to our democracy than any other 20th-century American. When he and his Supreme Court colleagues issued the Roe v. Wade decision, they set off a cycle of political viciousness and counter-viciousness that has poisoned public life ever since, and now threatens to destroy the Senate as we know it.
Every judicial appointment, especially any from a GOP president, faces a "Borking" from people who want guarantees that he or she will not reverse the abortion, and now, the same-sex marriage decisions. It's insane and vicious.
Third, what happens to those of us who believe that marriage is between a man and a woman? In other words, what happens to those of us who agreed with Senator Obama in 2008 and Senator Clinton in 2004?
Are we suddenly bigots? Are we going to get sued if we refuse to participate? Will Catholic schools, or others, have to teach something that they don't believe in? What happens when some sister in a Catholic school or black minister says that homosexuality is a sin? Will they be sued on a civil rights challenge?
The Founding Fathers had wisdom, and that's why they left these issues to the people. The five Justices, Kennedy and the four liberal robots, are arrogant and disrespectful of the people.
Last, but not least, President Obama, and many liberals, were just handed a victory that they never had the courage to fight for in the political arena. President Obama never went into the political arena and fought for "gay rights." He gave vague speeches but never went out in 2008 or 2012 and called for same-sex marriage.
Nothing got settled. I expect this issue to poison our political rhetoric for years. We can thank Justice Kennedy for that.