Gay Marriage Legalized

[John Galt]

The five Justices who compose
today’s majority are entirely comfortable concluding that
every State violated the Constitution for all of the 135
years between the Fourteenth Amendment’s ratification
and Massachusetts’ permitting of same-sex marriages in
2003.20 They have discovered in the Fourteenth Amendment
a “fundamental right” overlooked by every person
alive at the time of ratification, and almost everyone else
in the time since. They see what lesser legal minds—
minds like Thomas Cooley, John Marshall Harlan, Oliver
Wendell Holmes, Jr., Learned Hand, Louis Brandeis,
William Howard Taft, Benjamin Cardozo, Hugo Black,
Felix Frankfurter, Robert Jackson, and Henry Friendly—
could not. They are certain that the People ratified the
Fourteenth Amendment to bestow on them the power to
remove questions from the democratic process when that
is called for by their “reasoned judgment.” These Justices
know that limiting marriage to one man and one woman is
contrary to reason; they know that an institution as old as
government itself, and accepted by every nation in history
until 15 years ago,21 cannot possibly be supported by
anything other than ignorance or bigotry. And they are
willing to say that any citizen who does not agree with
that, who adheres to what was, until 15 years ago, the
unanimous judgment of all generations and all societies,
stands against the Constitution

[Dylan]

[John Galt]

The opinion is couched in a style that is as pretentious
as its content is egotistic. It is one thing for separate concurring
or dissenting opinions to contain extravagances,
even silly extravagances, of thought and expression; it is
something else for the official opinion of the Court to do
so.22 Of course the opinion’s showy profundities are often
profoundly incoherent. “The nature of marriage is that,
through its enduring bond, two persons together can find
other freedoms, such as expression, intimacy, and spirituality.”23
(Really? Who ever thought that intimacy and
spirituality [whatever that means] were freedoms? And if
intimacy is, one would think Freedom of Intimacy is
abridged rather than expanded by marriage. Ask the
nearest hippie. ..)

[Saz]

This week in a nutshell

[Saz]

[Saz]

The real issue here is which issue will conservatives be DEAD WRONG on next? I'm hoping marriage-u-wanna.

[Dylan]

[Dylan]

[John Galt]

[Dylan]