The Supreme Court’s denial of cert in the pending same-sex marriage cases has sent Bryan Fischer into quite a little hissy fit. He’s been railing about it endlessly on his radio show and in a column on the American Family Association website, where he screams TYRANNY!
The nearest parallel we can find to what happened yesterday is the Court’s 1857 decision legitimizing the institution of slavery. In the Dred Scott case, the Supreme Court put its stamp of approval on a pernicious, degrading, decivilizing institution and gave it the patina of constitutional authority.
The Court duplicated its wrongheaded and grossly immoral Dred Scott ruling yesterday by imposing same-sex marriage on the entire country. This is tyranny.
The Court was wrong in 1857 and it was wrong yesterday. It was wrong on slavery and it is wrong on sodomy.
The closest parallel? Seriously? There’s nothing remotely analogous between the two situations. If anything, the comparison is the exact opposite. Dred Scott explicitly denied the common humanity and equal rights of black people just as Fischer seeks to deny the same to gay people:
In the opinion of the court, the legislation and histories of the times, and the language used in the Declaration of Independence, show, that neither the class of persons who had been imported as slaves, nor their descendants, whether they had become free or not, were then acknowledged as a part of the people, nor intended to be included in the general words used in that memorable instrument.
It is difficult at this day to realize the state of public opinion in relation to that unfortunate race, which prevailed in the civilized and enlightened portions of the world at the time of the Declaration of Independence, and when the Constitution of the United States was framed and adopted. But the public history of every European nation displays it in a manner too plain to be mistaken.
They had for more than a century before been regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit. He was bought and sold, and treated as an ordinary article of merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed and universal in the civilized portion of the white race. It was regarded as an axiom in morals as well as in politics, which no one thought of disputing, or supposed to be open to dispute; and men in every grade and position in society daily and habitually acted upon it in their private pursuits, as well as in matters of public concern, without doubting for a moment the correctness of this opinion.
The federal Constitution given to us by the Founders is silent on the subject of marriage and homosexuality. You can read it front to back, back to front, left to right, right to left, upside down and in Sanskrit and you will find not a single, solitary shred of authorization for any part of the central government to dictate domestic policy to the states.
Article I, Section 8 lists all the powers of action the people of the United States have delegated to our central government. The authority to define marriage is not among them. It is conspicuous by its absence.
The Federal constitution given to use by the Founders is silent on the subject of the right to travel freely. And the right to send one’s children to private schools or to homeschool them. And a thousand other rights that Fischer would fully support and takes for granted. This argument is just incredibly stupid.