The verdict turned
on applying the “Due Process” of the 14th
Amendment, not to mention Article 4,
Section 1a of the Constitution (the
right of Contract). The state, in arguing against same-sex marriage could not
put forth a compelling reason, at least from a constitutional standpoint, to
deny same-sex couples the right to marry. The state’s contention that it was in
the best interest of children to be reared in a heterosexual [traditional]
family environment was not deemed a compelling enough reason to uphold the ban
on same-sex marriage among some of the states. Chief Justice Roberts expressed
his displeasure by uncharacteristically lambasting his colleagues on the bench
by referring to them as lawyers who imposed their own personal views on
marriage as a matter of Constitutional law. He continues in a judicial tirade
by saying, ‘I find the majority position indefensible as a matter of law. It
sounds more to me like sour grapes, a tyranny of the majority if you are on the
losing side. In a somewhat taunting tone Justice Roberts told the victors, “Celebrate
today’s decision-celebrate the achievement of a desired goal-celebrate the
expression of a commitment to a partner-celebrate the availability of new
benefits; but do not celebrate the Constitution. Justice Kennedy however, sees
it differently-to him, “Petitioners seek ‘equal dignity’ in the eyes of the law
and the Constitution grants them that right.”
Of course in any
legal decision there are winners and losers, and some of the big winners are
same-sex couples and their supporters. Additionally, according to the latest
Gallup and other opinion polls, roughly 60% of Americans support same-sex
unions. President Obama finally came on aboard regarding this issue over the
last few years and is on the right side of history, so it seems. Now for the
biggest losers, and I am not talking about weight loss. The list includes: the
Tea Party and GOP, Bill O’Reilly, Sean Hannity, Glenn Beck, Ann Coulter, Rush
Limbaugh, Michelle Bachmann, Rick Santorum, Michael Medved, Kirk Cameron,
Arianna Huffington, and last but not least, Mike Huckabee. The former Arkansas
Governor, Baptist preacher and GOP presidential candidate, after this crushing
defeat tried to rally the Conservative, mostly White Evangelical Christian base
by channeling the Founding Framers refusal to acquiesce to the imperial British
monarchy-he told supporters, “We must not retreat but instead we must resist
the imposition of judicial tyranny.” I bet the Red States are really seeing ‘red’
now. This ruling by the Supreme Court should not have come as a surprise
because of earlier court cases like Loving
v Virginia and Lawrence v Texas,
which superseded Bowers v Hardwick.
Since religion
seems to play a part in politics, I want to close with a little pun or parody
for those who are stuck in the muck and mire of the fire and brimstone
judgmental Old Time Religion of the past. Using the example of “Little Red
Riding Hood”- the big, bad, evangelical wolf (preacher) says, “I will huff and
I will puff (condemn) and I will blow your [presumably immoral, liberal, abominable, secular,
humanist, and demonic] same-sex union house down. The theological rains came down,
the fiery winds of sermons came and blew against the house, but it did not fall
because it was built on a [Constitutional] rock (excerpted from Matthew 7: 24-25 . . . emphasis mine).
776 Commerce St Apt B11
Tacoma, WA 98402
July 2, 2015
robertrandle51@yahoo.com
