#7 June 26 2013 ramblings on SCOTUS and Gay marriage
First, does anyone still believe this is a “Conservative court”. In between this, the recent DNA ruling and Obama care one thing is clear. The Ideologues on the court are the leftists (Kagen, Breyer, Sottamieyer, and Ginsberg) who NEVER break with far left ideology, no matter what the issue. It’s the “conservatives ” Scalia, Roberts, Kennedy, and Allito that cross over and seem to make decisions based on the legal issues not an agenda. There’s a novel idea, Judges making decisions based on law. Silly me, to think that is the very definition of what a court should do.
Second, I’m not surprised that DOMA got thrown out. It was mediocre Law pushed by Clinton to gather moderate support at a time when the thought of Gay Marriage wasn’t popular. It was unenforcible from the beginning. The idea that someone who is legally married by a state, and that marriage can’t be recognized by the Federal government is a disaster. And it made about as much sense as “Don’t ask, don’t tell.”
Third, in both the DOMA case and the Prop 8 case the government chose not to enforce the law. Now excuse me but don’t Presidents and Governors take Oaths TO ENFORCE THE LAW OF THE LAND? What if a President Rubio decided not to enforce Obamacare? Or a President Paul decided that Federal Gun laws weren’t worth enforcing? If the government choses not to have legal standing, like it did in Prop 8 and DOMA, are there any limits to that? It use to be that Governors and Presidents who didn’t like laws had to go thru the messy step of going to their respective legislatures and getting them changed. Now they just hand down edicts to their minions.
Fourth, Prop 8 was a troubling case. I really would prefer that these kind of social issues stay out of the courts. I don’t see Gay Marriage as a civil rights issue, I see it as a community morality issue. But the prop 8 case was unique in that it had two elements. One, it had a right taken away, two it had the courts over riding the will of the people. And enshrining a “right” handed down by the Elites in black robes won’t resolve the question any more than Roe V. Wade resolved abortion. Having said this, If the gay marriage proponents respect the First Amendment and don’t require religions to recognize and accept gay marriage. I doubt this will be near as contentious as Roe V. Wade.
OTOH, I am more troubled with the fact that increasingly in a country that is supposed to be governed by the very plain words of the Bill of Rights and the Rule of Law we are increasingly sitting on the steps of SCOTUS waiting for the tablets to come down from the mountain of life time appointed unaccountable black robed elites to define or redefine who we are as a people. The Bill of Rights put forth the principles of a limited government, what happened today is by it’s very definition the exercise of an increasingly unlimited government.