The Court Decides
Some observations on the DOMA ruling. Of particular interest is Scalia’s opinion that the SCOTUS majority have repositioned the SCOTUS as being superior to the other branches of government, and has also given gay-rights special protection.
Does anyone seriously still believe this is about “equality”?
“Same-sex marriage presents a highly emotional and important question of public policy—but not a difficult question of constitutional law. The Constitution does not guarantee the right to enter into a same-sex marriage. Indeed, no provision of the Constitution speaks to the issue. . . .
“What Windsor and the United States seek, therefore, is not the protection of a deeply rooted right but the recognition of a very new right, and they seek this innovation not from a legislative body elected by the people, but from unelected judges. Faced with such a request, judges have cause for both caution and humility. The family is an ancient and universal human institution. Family structure reflects the characteristics of a civilization, and changes in family structure and in the popular understanding of marriage and the family can have profound effects. . . .
“The long-term consequences of this change are…
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