The Supremes KO Marriage as a State’s Right Issue

Supreme court us 2009

They didn’t do it directly.

It was an indirect, “if you say so” kind of move.

The United States Supreme Court allowed rulings from lower courts in favor of legalizing gay marriage stand. This decision, which affected rulings in five states, simply said that the Court would not address these lower court rulings. The rulings had overturned state laws in five states that limited marriage to one man and one woman.

This decision not to decide on the part of the Supreme Court was a backdoor way of overturning their own ruling of a few months ago that marriage was a matter for the states to regulate. It is also the natural outcome of their concomitant ruling overturning DOMA.

The Supreme Court’s tut-tut verbiage of the time aside, overturning DOMA had the effect of federalizing marriage. Lower courts have followed by legislating from the bench and overturning state laws limiting marriage to one man and one woman in a willy-nilly fashion.

Personally, I’m not surprised. I basically said this would happen when the DOMA decision came down. I ran into a bit of criticism for saying this at the time. But far too often, people try to parse their way out of the obvious by hinging arguments on the particulars and ignoring the major effects of a piece of legislation or public statement by government authorities.

This kind of “it depends on what the definition of ‘is’ is“ commentary cripples people’s understanding and leaves them wide open to what anyone with half a brain can see is coming.

The Supreme Court overturned DOMA, and that federalized marriage. They also, at the same time, made statements about marriage being a state’s rights issue. As the Court so often does, it set up a collision that it would have to rule on in the future.

In the instance of gay marriage, I think they did this for political reasons. It was their attempt to avoid the kind of cataclysmic ruling and the resulting public battle that happened with Roe v Wade. They know the harm Roe did to this country, and they didn’t want their fingerprints on another ruing that would damage it even further. At the same time, they intended to allow gay marriage.

What they did to avoid this was try the frog-in-the-pan-of-water method of making a cataclysmic ruling. You know how it goes. If you put a frog in a pan of boiling water, it will jump out. But if you put it in a pan of tepid water and slowly heat it up, the frog will sit there until it’s cooked. In this case, the frog is us.

The Supreme Court overturned DOMA, and thereby federalized marriage, which set up a series of court battles that collided directly with their statements concerning marriage in another ruling they made on the same day. It was inevitable and necessary that they were going to have to rule again as to which of their conflicting rulings they actually meant.

They did just that on Monday. But they didn’t do it by making a ruling. They did it by letting other courts’ rulings stand.

This is an interesting ploy.

In politics, we call it heat transference.

The Court used this three-step don’t-really-rule-but-get-the-effect-of-a-ruling method to transfer the heat away from themselves and diffuse it out onto the wider American public. The practical effect in terms of American jurisprudence is both similar to a cataclysmic ruling, and somewhat different.

The major difference is that future Supreme Courts won’t have to overturn this one if they decide to rewind things a bit. The Court hasn’t ruled. It just let lower court rulings stand.

That may sound like a minor difference, but in practical terms of what we’re going to have to do to put the toothpaste back into the tube, it’s major.

The important thing, which I intend to repeat as often as necessary, is that we’ve got a battle ahead of us.

We have to convert this culture, and we have to do it in the face of increasingly ugly anti-Christian bias.

This is not, to paraphrase Thomas Paine, the time for sunshine soldiers of the Cross.

The first place to begin is by clearing away the debris in our own lives and marriages. The second and equally important thing is to protect our children from the propaganda and brainwashing that is directed at them.

We need to live our values and raise our children to do the same.

Only then, when we have removed the beams from our own eyes, will we be fit to remove the splinter from the eyes of those around us.

This is a wonderful time to be a Christian. We have the opportunity to stand for Christ in meaningful ways that can change the world.

Don’t miss your chance to stand with Him in this day.

Federal Judge Rules that Kentucky Must Recognize Gay Marriages from Other States

Divorce

US District Judge John G Heyburn II has ruled that Kentucky must recognize gay marriages of residents who wed outside the state.

Judge Heyburn said that last summer’s US Supreme Court ruling that struck down DOMA led to his decision.

You may remember that I predicted this would happen when DOMA was struck. A number of people told me I was daft. I have to say that I take no pleasure in being right.

I caution those who are so quick to jump on this bandwagon to think carefully what they do. We are on the edge of a precipice here. I believe that gay marriage will be as culturally damaging as widespread divorce and abortion have been. The major difference is that gay marriage comes after divorce and abortion have already blunted our consciences and torn our social constructs to ribbons. I believe the effect of gay marriage will be geometric.

Are we at a societal tipping point? I’m too close to know for sure, but I’m inclined to think that we are, at least, approaching one.

For what it’s worth, I’m going to be very stubborn about this and stick with the two-thousand-year-old teachings of the Church. I’ve had my turn at being my own God and I have reaped a whirlwind of guilt, remorse and shame for my self-deification.

As for me and my house, I’m going to follow, not lead, when it comes to Christ and the teachings of His Church. It doesn’t matter how much Kool-Aid gets dumped on my head.

From Reuters:

(Reuters) – Kentucky must recognize the legal same-sex marriages of residents who wed outside the state, a federal judge said on Wednesday in the latest of a series of rulings that expand gay rights following a U.S. Supreme Court decision last year.

Four Kentucky same-sex couples who were married out of state had challenged a state law that declared such marriages void and the accompanying rights unenforceable. They did not challenge a state constitutional ban on same-sex marriage.

U.S. District Judge John G. Heyburn II in Louisville said a series of U.S. Supreme Court decisions including the striking down of a key part of the federal Defense of Marriage Act last year led to his decision on Wednesday.

“Each of these small steps has led to this place and this time, where the right of same-sex spouses to the state-conferred benefits of marriage is virtually compelled,” Heyburn said in a 23-page ruling.


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