Boss
Take a Memo:
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The court ruled that those same sex marriage bans were created in opposition to the protections afforded by the constitution, protections created based on the collective morality of society.
Total load of horse shit. Nothing in the constitution gives anyone the right to create something new and call it something else that already exists then claim they have a right to do it. If a bunch of people got together and decided to make "rape marriage" a thing and then proceed to lobby the court for their equal rights, we would not allow that. (I hope)
Again, the "collective morality of society" was expressly ignored by the court and their ruling. And there was not a discrimination or denying of any constitutional protections because homosexuals could obtain a 'marriage' license anywhere in the country and not even be questioned as to their sexuality. Much as the SCOTUS had to redefine Obamacare as a tax, they had to redefine marriage as gay marriage. Society didn't decide this. If society decided anything, it was the OPPOSITE of this.
What you are now trying to tell me is... We are a free society who collectively get to establish our morality into laws except when a liberal activist court decides we're not free to do this and our collective morality isn't important. Some other idiot above mentioned my respect for the "role of the court" and that's also bullshit... the role of the court is supposed to be upholding what the Constitution and rule of law says and not what they think is morally right and wrong.
That you disagree with a court decision does not invalidate the power of the court to make the decision.
I've never said that my arguments are more valid than SCOTUS decisions. I don't know why you seem to want to think that is the argument we are having. I don't have any authority over the court nor have I claimed any.
Society absolutely gets to establish its morality into laws. This is not an exception. If society feels that the court was in error a constitutional amendment can be passed to reverse the decision. Of course, considering society is far from generally opposed to same sex marriage at this point, I don't think that's likely.
Therefore, the SCOTUS can rule sibling-marriage into law, or any fucking thing else they want, and unless society can muster the needed majorities to ratify a new Constitutional amendment, we have to live with it. You can sit here and talk about all your moralistic reasons for denying different types of relationships... it all means bunk! You can insist that things are "obvious" and that we have laws against this or that... doesn't matter anymore... SCOTUS can rule and you'll need an amendment. Your moral views, even if they are shared by most of society, do not matter anymore.
Society decided that we would have our constitution and the amendments within it. Society has decided that judiciary has the power to review laws to determine if they violate the constitution. That is what occurred.
No, it's NOT what occurred. Bans on "gay marriage" did not violate the constitution any more than bans on "sibling marriage" or "rape marriage" or "animal marriage" or any number of other things that ARE NOT marriage. SCOTUS literally had to create something that did not exist then established a constitutional right to it. This is above and beyond any authority ever envisioned for the court. Society NEVER agreed to be governed by an oligarchy of people in black robes.
As so often seems to happen, you are equating disagreement with a decision with the court being activist and overstepping their authority and whatever else you might use to describe how the court should not have been able to make the decision they did. You are far from the first person to feel that way after a USSC ruling they disagreed with.
It's NOT disagreement with their decision. It is disagreement that they should have even heard the case. The court is not there to change laws and right perceived injustices. They are charged with upholding the laws we have established without regard for their personal opinions. What they did here was to legislate a new law from the bench. That is not within their constitutional power... never has been.
It doesn't matter if I agree with their sentiments in principle or not... they aren't there to rule based on sentiment. We have a legislative branch which we elect to represent our sentiments and codify those into laws. The SCOTUS is there to uphold those laws... not rewrite them by creating new things and new rights that didn't previously exist. THAT is what I object to, not their intentions or sentiments.
Yes, homosexuals could obtain a marriage license anywhere and not be questioned as to their sexuality. Of course, a woman could obtain a marriage license to join with a man, while a man could not do the same based entirely on his gender. The court felt that violated equal access to marriage law. Sorry you disagree.
A man had exactly the same right to obtain a marriage license with a woman and it has nothing to do with gender. It has to do with the definition of marriage. The Court's "feeling" is not supposed to be the basis of their rulings. The Court may, at a future date, have "feelings" for a brother wanting to marry his sister.... or a woman wanting to marry her rottweiler. Is it alright if they want to willy-nilly change that too, based on sentiments? What about age of consent laws? What if the Court "feels" that a 12-year old should have their constitutional right to legally consent?
To me... this is the difference between an activist court and a court functioning as it was intended, it has nothing to do with my agreement with their ruling. You think the SCOTUS can rule based on their "feelings and sentiments" and I think they should rule based on law and the constitution, and in complete disregard for personal sentiments.
Upholding the constitution is not the same as upholding what you consider to be the proper interpretation of the constitution. Everyone probably disagrees with some decisions of the court.
There is not a goddamn thing in the Constitution that was upheld with regard to Obergefell. It was a lawless ruling made by an activist court. They established something that previously did not exist (gay marriage) and then they established a constitutional right to it that also did not previously exist. The case should have been dismissed for lack of standing. They had no jurisdiction in this, they certainly had no authority to create new laws and rights out of whole cloth, and they didn't have the authority to impose their personal sentiments on all of us with the power they are entrusted with. But that is what happened.