The Supremes did a number on America on Friday. As always, I am more interested in the process than the outcome. And it is obvious to me that our Supreme Court justices are more interested in the outcome than the law.
It was no secret how 4 of the 9 would vote on any particular issue. Nor is it any secret how the other three would vote on the same issue. Two of them are a mystery. The liberal wing is absolutely results oriented and will twist any language they need to achieve the outcome they want. Thus, it isn’t even neccessary to hear cases to make rulings. you can count the votes without hearing the cases, just like the legislature can pass laws without reading them. They know what they want and they don’t care how they get it.
The 14th amendment can be used to support ANY liberal idiology. If that fails, the commerce clause can rescue it. Between the two of them, no other parts of the Constitution are needed or permitted.
Equal protection under the law? Since when? Americans haven’t had equal protection under teh law for about 100 years. Let’s enumerate the ways our Constitutional rights have been trampled, ignored, repealed and unequally applied.
Start with the tax code. Over 23,000 pages of tax codes just at the federal level detailing one way after another how All Americans will NOT be treated equally. The progressive income tax is absoultely on it’s face unequally applied. Rich people pay more than poor people, both in absolute terms and as a percentage. Business owners get gouged. Homeo owners who have a mortgage get a tax benefit, but people who own their homes outright or who rent do not. people who own Priuses get a tax credit, people with F-150’s don’t. People with children get free education for them, no matter how much it costs and people without kids get to pay for it and get NOTHING. On and on. On and on.
Every single one of the rights in the Bill of Rights has been Repealed by congress, the President, or the Courts except the third amendment. And that is only because hotels are much nicer places to quarter troops then our homes and every community has tons of public buildings that can also be converted for this purpose.
What can the States do about the Gay Marriage thing?
1. They can aknowledge that the Supreme court has unilaterally struck down all their marriage laws and they can refuse to issue new licenses to anyone until new legislation is created. By extention, all state recognition of marriage is also without legal foundation. Tax codes will need to change to eliminate “married filing joint” option.
2. They can go the Roe v Wade route and suspend enforcement of the existing laws while the state legislatures draft new ones. The new ones might also restrict marriage, but do it differently and continue on until the next court challenge.
3. They can pull the DC city government tactic when it comes to gun control and enforce the existing laws anyway, making each violating county clerk have to pay punitive defense costs until they all get the message. And no matter how many times the courts tell them “no”, they keep enforceing business as usual while legislatures pass the same laws to replace the struck down laws.
4. They can declare that they really find no state interest in defining marriage, supporting marriage, registering marriage or granting licenses for marriage (whatever that might be). Y’all are on your own. Take THAT to the supreme court.
In the main, this really does have no impact on me or anyone I know. Life will go on. The “marriages” that gay people do for themselves still won’t be real marriages. But marriage as an institution has been mocked before and survived. Republicans willcontinue to use this as a fundraising issue and suggest things like constitutional amendments. The left will still raise money off this pointing to Republican efforts to overturn it. Overall, it is still a squirrel to chase while your government gets more corrupt and their hands drip with the blood of innocent men.