Supreme Court overrules elected legislators and imposes new definition of marriage

Here’s an article from National Review by professor Hadley Arkes to make sense of the SCOTUS decision on same-sex marriage.

Excerpt:

These decisions, handed down by the Court today, affect to be limited in their reach, but they are even worse than they appear, and they cannot be cabined. They lay down the predicates for litigation that will clearly unfold now, and with short steps sure to come, virtually all of the barriers to same-sex marriage in this country can be swept away. Even constitutional amendments, passed by so many of the states, can be overridden now. The engine put in place to power this drive is supplied by Justice Kennedy’s “hate speech,” offering itself as the opinion of the Court in U.S. v. Windsor. Kennedy wrote for the Court in striking down Section 3 of the Defense of Marriage Act (DOMA), the part of the act that recognized as “marriage,” in federal law, only the union of a man and woman. In Kennedy’s translation, the Defense of Marriage Act showed its animus in its very title: The defense of marriage was simply another way of disparaging and “denigrating” gays and lesbians, and denying dignity to their “relationships.” As Justice Scalia noted so tellingly in his dissent, Kennedy could characterize then as bigots the 85 senators who voted for the Act, along with the president (Clinton) who signed it. Every plausible account of marriage as a relation of a man and woman can then be swept away, as so much cover for malice and blind hatred.

As Scalia suggested, that opinion can now become the predicate for challenges to the laws on marriage in all of the States. A couple of the same sex need merely go into a federal court and invoke Justice Kennedy’s opinion in the DOMA case (U.S. v. Windsor): The Supreme Court has declared now that a law that refuses to recognize same-sex marriage is animated by a passion to demean and denigrate. Any such law cannot find a rational ground of justification. As Kennedy had famously said in Romer v. Evans, those kinds of laws can be explained only in terms of an irrational “animus.”

That may be enough to have the laws and the constitutional provision overruled. But it gets even better if the state has a Democratic governor: For he may declare now that he will not enforce the constitutional amendment, for he thinks it runs counter to the federal Constitution. And by the holding today in the case on Proposition 8 in California (Hollingsworth v. Perry), the backers of the constitutional amendment will have no standing in court to contest the judgment. Constitutional amendments are meant to secure provisions that will not be undone by the shift in season from one election to another. But with the combination of these two cases today, any liberal governor can virtually undo a constitutional amendment on marriage in his state.

Here is another reaction from the Family Research Council.

Here’s a good article by Ryan T. Anderson, explaining how the redefinition of marriage really means the end of marriage. It also means the end of religious liberty. Make no mistake, this decision will force Christians to conduct same-sex wedding ceremonies on their property, whether they like it or not. That’s what is already happening in countries that legalized gay marriage.

I for one am surprised that so many people who call themselves Christian could have voted for a political party that has now ended marriage as we know it. I think that most people who vote for the Democrat party are motivated by the desire for their neighbor’s money – they voted for the party that gives them the most goodies. They decided to sacrifice the needs of children in order to keep the money from the welfare state flowing. I hope that this SCOTUS decision helps those who voted Democrat to understand that their true positions on issues like abortion and gay marriage. I am especially concerned with people who claim to believe in God and even claim to be Christians. When it came time to be counted, you voted for abortion and gay marriage. Your vote ensured that tiny little children would feel lost in the world, making it easier for them separated from their biological mother or their biological father. That’s assuming that the selfish grown-ups even allow them to be born at all.

I think the greatest condemnation will be reserved for the pious celebrity pastors who took great pride in not educating members of their churches about what gay marriage would really do. They were so proud about not having any reasons outside of the Bible to oppose same-sex marriage. They made sure that opposition to gay marriage, like opposition to abortion and Darwinism, would be dismissed as so much religious bigotry in the public square by non-Christians. Those fideistic pastors paved the way for gay marriage, by sheltering their flock from the arguments and evidence that would have been persuasive to non-Christians. I hope that when they are forced to perform gay marriages in their churches, that they’ll finally understand why research papers, studies and academic debates are more important than singing songs in church.

UPDATE: I have been advised by Sean G. that Proposition 8 is still the law in California after this ruling. This Breitbart article explains:

As of today, there is no appellate opinion (meaning an opinion issued by a court of appeals) against Prop 8. The Supreme Court refused to issue one, and threw out the only other one (the Ninth Circuit’s). There is only a trial court opinion. So every agency in California is legally bound to regard Prop 8 as binding law.

Since no one who wants to defend Prop 8 has standing to appeal rulings on it to the Ninth Circuit, there will never be such an opinion in the federal court system. So the only way to get an appellate opinion would be in the California state court system. So someone would have to file a lawsuit regarding Prop 8, and then appeal it to a California court of appeals and then maybe to the California Supreme Court. Only when one of those courts hold Prop 8 unconstitutional can the public officials in that state regard it as stricken from the books.

That litigation could take years. And in the meantime, supporters of traditional marriage can continue making the case for marriage.

So the outcome for Prop 8 is not as bad as the outcome for DOMA.

8 thoughts on “Supreme Court overrules elected legislators and imposes new definition of marriage”

  1. It’s because they don’t care about anything or anyone but themselves. The typical American Christian.

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  2. The feminization of Christianity in the US has played a large role in this, as well. This trend emphasizes empathy and inclusion over rules, and is very sympathetic to homosexuals (feminism in particular has been closely aligned with homosexuality since the middle of the last century). The triumph of homosexual “rights” and the approval (if even only tacit) of this by many Christians simply reflects a feminized mindset.

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    1. I could not agree with you more. There is something inside women – especially fatherless women and unmarried women – that causes them to want to override moral boundaries in the name of “compassion”. They have an instinctive aversion to people feeling judged, and they are unable to see the harm that breaking down these moral boundaries will cause. The scariest part of all is how comfortable these women are in using the government to silence anyone who tries to assert that there are moral boundaries.

      If you try to protect children by arguing against abortion, divorce, gay marriage, reduced choice in education, etc., you quickly get branded a hate-monger. When you couple this with the female penchant for spending and redistributing wealth to make everyone “equal” regardless of individual choice, it’s really a problem for society.

      Does the church understand the temptations that women have to act badly like this? Have they done anything to get women to face and overcome these faults? Not a thing. The answer to these problems is always “man up”. Christian women support abortion? Man up. Christian women support no-fault divorce? Man up. Christian women support massive government spending? Man up. Christian women support disarming husbands/fathers? Man up. Christian women support gay marriage? Man up. Christian women support welfare for single mothers? Man up.

      And so it goes. Here we are now with gay marriage, which is far more supported by women than by men.

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      1. I think it has to do with two things. The first is the nurturing instinct, which is present in all women even if they do not have, or profess to not wanting, children. That instinct leads women to favor inclusion and community over harsh rules that could exclude people — this is appropriate in the context of laying down and enforcing rules with children in many cases, because the goal is to train them in behaviors over time and not exclude them from the group. The goal is always reconciliation with the group/family. This is a great instinct for women to have, but it isn’t meant to be played out socially outside the family.

        The second is that women are inherently much more social creatures than men are. Women view and experience the world through a web of social relationships. We also experience relationships, of course, but we tend to view the world in a less inherently social, more individual way (i.e., more around individual men doing their thing to advance themselves with a proper ruleset in place to regulate things so that it doesn’t get ugly). The female experience tends to, again, prioritize relationships and be very troubled by anything that could serve to disrupt them to the point of being excluded (I think this is because women vis a vis themselves don’t want to be excluded from the “herd” and will bend over backwards — see fashion, lifestyle choices and so on — to conform to the female herd). The male experience tends to not be as troubled by this if it is due to a violation of the rules, especially a gross violation, if the rule itself makes sense — so men are focused on the abstracts of what rules make sense, whereas the female experience tends to focus on whether enforcing the rule would result in exclusion — which is kind of like a death penalty, from the female point of view, since they are such social creatures.

        The Church is relatively helpless against this because the church has now been colonized by women and the female perspective and experience. There are pockets of traditionalism that survive in all of the Christian branches, of course, but they are pockets. The mainstream everywhere is feminine, and focused on inclusion at the expense of rules, rather than good rules at the expense of exclusion. The female view and experience has triumphed — at least for the time being.

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  3. I want to read the decision one of these days for myself; I see some California based newspaper cheering for the Supreme Court decision as if it’s a victory for their cause.

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  4. It’s hard to win an argument when your opponent simply covers his ears and says “lalalala I can’t hear the homophobic bigot lalalalala.”
    It’s sadly ironic that, if we’re losing this debate in the public square, it’s precisely because we have reason and logic on our side, rather than emotion. Emotion wins every time with this generation.

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