From ScotusBlog.
Excerpt:
In June 2013, in United States v. Windsor, a divided Supreme Court struck down Section 3 of the federal Defense of Marriage Act, which until then had defined “marriage” – for purposes of over a thousand federal laws and programs – as a union between a man and a woman.
[…]But on the same day, the Court sidestepped a ruling on whether the Constitution includes a right to marry someone of the same sex.
[…]We all assumed that the issue would be back again at the Court before too long, and that expectation only increased as lower federal courts around the country started to rely on the Court’s decision in Windsor to strike down other states’ bans on same-sex marriage – in Utah, Virginia, Oklahoma, Indiana, and Wisconsin. All told, by last Monday the Court had before it seven different petitions asking the Court to weigh in on whether states can prohibit same-sex marriage. With all of the parties on both sides in all of the cases in agreement that the Supreme Court should take up the question, review seemed inevitable.
Until this morning at 9:30, when the Court turned down all seven of the petitions, without comment.
Since the Supreme Court refused to hear the case, that means that the marriage amendments passed by these five states are null and void, and same-sex marriage is now legal, despite what the legislatures passed.
Ryan Anderson comments on this over at the Daily Signal.
Excerpt:
The truth of the matter is that the marriage laws in these five states—as in many states across our nation—are good laws that reflect the truth about marriage. Frequently they were passed with overwhelming democratic support. The Supreme Court should have reviewed these cases and should have upheld the authority of citizens and their elected representatives to make good marriage policy. Instead, the Supreme Court left standing bad rulings from lower federal courts that usurped authority from the people by striking down good laws.
The cases at issue involve lower court rulings that struck down state marriage laws, claiming that they violated the U.S. Constitution. But the courts never provided compelling arguments that laws that reflect the truth about marriage are unconstitutional. Indeed, as former Attorney General Ed Meese and I argued last week in The Washington Post, the Supreme Court should have reviewed these cases and declared the laws constitutional.
In a system of limited constitutional self-government, the people and their elected representatives should be making decisions about marriage policy. And there are reasonable arguments on both sides of this debate. Judges should not insert their own policy preferences about marriage and declare them to be required by the Constitution.
[…]Declining to review these cases does not speak one way or the other to the merits of the cases. But it does leave in place bad rulings from lower courts—and it will make it harder for courts to do the right thing in the future.
So we now have gay marriage in five states thanks to the Supreme Court, and to a handful of judges who overruled the votes of the majority of the people in their states. How did we ever go from a republic to an oligarchy? And how did more than half the people in this country vote for this – not just once, but twice? Are we that ignorant of history and government that we are willing to be ruled by a handful of elites instead of by laws passed by elected representatives? Sometimes I think that even asking questions like this to people on the secular left is like trying to teach calculus to a wall. They just don’t understand a thing about how and why this country was founded in the first place. It’s all been reduced, in their minds, to doing what feels good, and forcing people who disagree to affirm their destructive behavior.
A very dark day for the Sanctity of Marriage. It feels like Roe all over again. This will only embolden the liberal fascists even more, as this piece clearly shows: https://www.lifesitenews.com/opinion/the-gay-bullyboys-want-you-jailed
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Thanks for that article WGC. Very sobering.
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Reblogged this on Will S.' Culture War Blog.
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