So right now there’s a lot of discussion and spewing of hatred over the SCOTUS’ decision in Obergefell v. Hodges, which now demands that all 50 States allow Queers to marry under the law. Most of the hate being spewed is, unsurprisingly, coming from the Liberals and Progressives and is both an orgy of gloating and implied threat of persecution – persecution now more likely after Obergefell.
In all truth, I’m rather ambivalent about this ruling from the SCOTUS. I’ve read the decision and it seems a solid and well-founded piece of law overall, but with one glaring problem – Judicial Tyranny over the States and the unintended negative consequences that bit of overreach may very well engender.
The Law Seems A Queer Things These Days
While I have exactly zero issues with the idea of queers being able to marry and have always been an opponent and detractor of DOMA I firmly believe that the SCOTUS’ hearing of this case and rendering such a broad opinion is contrary to best interests of the nation and flies directly in face of previous SCOTUS rulings – utterly ignored by Justice Kennedy and the four Liberals on the Court – that unequivocally stated in Hisquierdo v. Hisquierdo that all laws pertaining to marriage are the purview of the several States and not the Federal Government.
Insofar as marriage is within temporal control, the States lay on the guiding hand.
“The whole subject of the domestic relations of husband and wife, parent and child, belongs to the laws of the States, and not to the laws of the United States.
Indeed, I’m displeased by Obergefell for exactly the same reason as I was against DOMA. Marriage law has historically been a province of state law in the United States and it should stay as such. While the Supremacy Clause does allow the SCOTUS to do what they’ve done – it’s perfectly valid under Constitutional Law – one should not do something merely because one can or one feels for some person or group of persons.
And yes, this is what Justice Kennedy did. He ignored history and the long-standing weight thereof, previous SCOTUS rulings, and the negative impacts of the legal precedent this sets so as to lend aid and comfort to a group he favors – homosexuals. Remember always that Justice Kennedy is the one who through judicial action effectively legalized sodomy in America with his opinion on Lawrence v. Texas.
So, to all the queers out there – I’m honestly happy for you but I shudder to think of the damage you’ve caused the nation by how you’ve gotten what you felt you deserved.
Tags: America | Constitution | Constitutional Law | DOMA | Homosexuals | Judicial Activism | Law | LGBT | Marriage | Obergefell v. Hodges | Politics | Queers | Society | States Rights | Tyranny