The left in the court led by Justice Kennedy said all same-sex couples can marry in all 50 states and the Constitution gives them that right. It’s the highest liberty under the Constitution.
While the majority of the Justices found that it is the right of anyone to marry as of 10 AM, Justice Scalia and the minority court said they unconstitutionally rewrote the law at 10 AM.
Chief Justice Roberts said the opposite of what he said yesterday in the Obamacare decision when he found that the word “states” means any government. He wrote in his opinion today that it was inappropriate for the federal government to intervene in a decision regulated by the states.
He also wrote, “We are not to decide the law, only interpret it”. But this is what he was accused of doing only yesterday, Judge Napolitano pointed out.
He said today that the states regulate marriage and the court has no right to make this decision.
The First Amendment and the Fourteenth Amendment give the right to marry to gays according to the ruling. The right to choose a mate is a fundamental right and when the government offers any benefit, it must offer the same benefit to the gay couples.
It requires gay marriages to be performed.
While Justice Kennedy said religious freedom will be protected, only when some of these cases reach the Supreme Court will we find out how far this goes.
Justice Scalia’s condemnation of this decision was the harshest he has ever delivered, much stronger than yesterday’s which had been the harshest. He said the decision of the court is “as pretentious as its content is egotistic” and he said they engaged in a “judicial putsch”.
Judge Napolitano said that Scalia is basically saying that five unelected black-robed judges have taken over the government, have written the institution that is 4,000 years old, an institution that relies on popular consensus and ancient tradition and there’s no authority in the Constitution whatsoever for them to do so.
He then read a portion of his dissenting opinion.
“Hubris is sometimes defined as overweening pride and pride we know goeth before the fall. The judiciary is the least dangerous of the federal branches because it is neither force nor will, but merely judgement and must ultimately depend on the aid of the Executive arm and the states, even for the efficacy of its judgments. With each decision of ours that takes from the people questions properly left to them, we move one step closer to being reminded of our own impotence.”
The Supreme Court is now very involved in social issues and some believe they are assuming control over states and individuals in doing so. Scalia believes they made law today and basically obliterated the Constitution.
Justice Kennedy said it will not affect religious organizations but how far this goes is unclear. It might not extend to businesses and will have to be decided by the courts. The decision also applies to only two people and does not condone polygamy for example.
Ric Grennell, a foreign policy expert, is a gay Republican who grew up as an Evangelical and he said this issue has been a political wedge issue for a long time but Republicans have taken the idea that marriage is only a religious term. It is two terms, he said. First, it is a government piece of paper and secondly, it is a religious blessing. He hopes that the LGBT community will come out and say they will respond graciously and not try to affect religious people with whom they disagree. He believes gay marriage should be something Conservatives accept and embrace because of their views concerning freedom.
The possibilities of reactions are endless.
Are we living in a post-Constitutional America?
What is your opinion of this decision?