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Supreme Court Rules Same-Sex Couples Have Right to Marry

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    Supreme Court Rules Same-Sex Couples Have Right to Marry

    The Supreme Court ruled in favor of same-sex marriage in a historic vote Friday (June 26).


    Here are the 11 best takes from Justices Roberts, Scalia, Thomas and Alito in their dissents:

    1. Roberts Brings the Aztecs and Carthaginians Up Into This

    The majority’s decision is an act of will, not legal judgment. The right it announces has no basis in the Constitution or this Court’s precedent.

    As a result, the Court invalidates the marriage laws of more than half the States and orders the transformation of a social institution that has formed the basis of human society for millennia, for the Kalahari Bushmen and the Han Chinese, the Carthaginians and the Aztecs. Just who do we think we are?
    2. Yep, Roberts Threw the Polygamy Card

    If a same-sex couple has the constitutional right to marry because their children would otherwise “suffer the stigma of knowing their families are somehow lesser”… why wouldn’t the same reasoning apply to a family of three or more persons raising children?
    3. Roberts Reminds Us The Supreme Court Isn’t a TV Quiz Show

    In our democracy, debate about the content of the law is not an exhaustion requirement to be checked off before courts can impose their will. “Surely the Constitution does not put either the legislative branch or the executive branch in the position of a television quiz show contestant so that when a given period of time has elapsed and a problem remains unresolved by them, the federal judiciary may press a buzzer and take its turn at fashioning a solution.” Rehnquist, The Notion of a Living Constitution, 54 Texas L. Rev. 693, 700 (1976)
    4. Roberts Drops the Mic at the End of His Dissent

    If you are among the many Americans—of whatever sexual orientation—who favor expanding same-sex marriage, by all means celebrate today’s decision. Celebrate the achievement of a desired goal. Celebrate the opportunity for a new expression of commitment to a partner. Celebrate the availability of new benefits. But do not celebrate the Constitution. It had nothing to do with it. I respectfully dissent.
    5. Scalia Drops the Ultimate Epithet – Calls It a Judicial ‘Putsch’

    But what really astounds is the hubris reflected in today’s judicial Putsch. 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. 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.
    6. Scalia Implores the Court to ‘Ask the Nearest Hippie’

    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. Of course the opinion’s showy profundities are often profoundly incoherent.

    And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage. Ask the nearest hippie. Expression, sure enough, is a freedom, but anyone in a long-lasting marriage will attest that that happy state constricts, rather than expands, what one can prudently say.)
    7. Scalia Points Out That This Isn’t Poetry – This is The Law

    I could go on. The world does not expect logic and precision in poetry or inspirational pop-philosophy; it demands them in the law. The stuff contained in today’s opinion has to diminish this Court’s reputation for clear thinking and sober analysis.

    Hubris is sometimes defined as o’erweening pride; and pride, we know, goeth before a fall. The Judiciary is the “least dangerous” of the federal branches because it has “neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm” and the States, “even for the efficacy of its judgments.”

    With each decision of ours that takes from the People a question properly left to them—with each decision that is unabashedly based not on law, but on the “reasoned judgment” of a bare majority of this Court—we move one step closer to being reminded of our impotence.
    8. Scalia Drops a Footnote – And Boy, It’s a Real Fortune Cookie

    If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: “The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,” I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.
    9. Thomas Claims the Legal Reasoning in the Majority Will Contort the Meaning of ‘Liberty’

    The majority’s inversion of the original meaning of liberty will likely cause collateral damage to other aspects of our constitutional order that protect liberty.
    10. Alito Calls Out the Majority for Being ‘Usurpers’

    Today’s decision usurps the constitutional right of the people to decide whether to keep or alter the traditional understanding of marriage. The decision will also have other important consequences.
    11. Alito Blasts Legal Culture as ‘Corrupt’

    What it evidences is the deep and perhaps irremediable corruption of our legal culture’s conception of constitutional interpretation. Most Americans—understandably—will cheer or lament today’s decision because of their views on the issue of same-sex marriage.

    But all Americans, whatever their thinking on that issue, should worry about what the majority’s claim of power portends.
    God bless,

      The Liberal "justices" are complete reprobates, with no respect for the Constitution, the Democratic process, nor for Freedom (this in fact is a blow against freedom, the only ban overturned was one on the government). We knew this ruling was coming, when they overturned California's Prop 8 which merely defined the word marriage as the union of a man and woman (California gave homosexuals marriage equality under the name of partnerships).

      Conservatives are greatly to blame for being mostly MIA in the war for our domestic freedom. Conservatives have been conned by neocons into fighting the wrong battles.
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