June 26, 2015

SCOTUS lets down the Constitution in favor of constituency

There is a problem here BUT...

Let's not have a cow about gay marriage, there is a more important issue at stake in light of the Supreme Court's decision on the subject.  Firstly, no one is forcing you to get married to a gay person.  No one is forcing your church to officiate a gay marriage (yet at least) even if it goes against your church's or temple's or mosque's teachings.  No one is going to make you or your children attend gay weddings.  Is it an ideal ruling?  Far from it, but the real issue, is that this is supposed to be a conservative leaning court by a count of 5-4 justices.  Clearly, it isn't.

At least Chief Justice Roberts did not sell out on this issue by putting opinion before the Constitution:
"This court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us," Chief Justice John Roberts wrote in dissent. Roberts read a summary of his dissent from the bench, the first time he has done so in nearly 10 years as chief justice.

"If you are among the many Americans - of whatever sexual orientation - who favor expanding same-sex marriage, by all means celebrate today's decision," Roberts said. "But do not celebrate the Constitution. It had nothing to do with it."
With the original decision to allow for Obamacare's constitutionality and the more recent upholding of the constitutionality of the federal tax credits portion of the ACA, the Supreme Court is not a conservative body.  That should frighten conservatives - a lot. It becomes even more imperative to ensure that a Republican wins office in 2016 so the erosion of the tenets of the Constitution is stopped.  Liberals and progressives will continue poke holes in the levy protecting the Constitution until America is no longer what it was, or what it is ultimately capable of being.  You take your eye off that levy and your mind off of its importance and the country is doomed.

Perhaps you believe that outcome is inevitable anyway.  That would make you part of the problem, because America was not founded on defeatism, nor did it grow under that premise as much as it did not grow under the welfare state mentality.  Unless you want to follow in the footsteps of Greece - from enlightened democracy, to entitled socialists on the brink of economic collapse - wake up and take pride (no pun on gay marriage intended) in your country.

NOTE:  As an aside on how I feel about gay marriage, see this post (if you care).

The problem with the court's decision is the 10th amendment and the notion of states' rights.   Every state already had a position and legislation on the matter already (pro or con).  That's good.  By homogenizing the law nationally, you are taking away the idea of multiple laboratories.  I call it the 50 Experiments Theorem.  The more variability among the states in terms of policy, the more like there are outcomes that will thrive.  The less that legislation is nationalized the more chance (in fact 50 times more) there is that a successful legislative formula(s) will be found.

It's on of the greatest unheralded advantages the United States has over other so many other nations who have centralization as their governing philosophy. And the Supreme Court is enabling those who wish to purposefully or inadvertently abolish that competitive advantage. It's quite sad to see.  This is what a liberal court has allowed for decades and its effects, even if reversed will take decades to recede.

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