High Court Carries Homosexual Banner Over Legal Cliff
American culture is again being held prisoner, a prisoner of sentimentality, by the Supreme Court of the United States. The ability to reason in a clear, unencumbered manner has been lost, not just on the street, but in the highest reaches of the United states government. The Supreme Court’s ruling striking down the Defense of Marriage Act, in effect making gay marriage a legally recognized contract, is a case in point.
Once again, feeling trumps objective reality, natural law, and yes, common sense. One can only tremble to consider the parallel to Nazi leaders, likewise handicapped in their reasoning ability, who could cry because a deer was killed, while sending millions to their doom in the violence of war.
They are a classic example of the violent vegetarian syndrome, in which feelings turn reality on its head. The Supreme Court is travelling down the same road. Making law based on feelings is the divining rod of doom for any nation. Why? Because reality is not changed by how one feels about it.
Court Wrong on Marriage
Here the court has done violence to the basic reality that marriage is a lifelong commitment between one man and one woman, and has been so from the beginning of time. It predates all other cultural institutions. This principle has been chipped away at by many cultures. Even Christ commented on the erosion, saying about divorce, it was not thus at the beginning.
But has there ever been a culture that has completely decided to engage in the grand experiment of recreating marriage by redefining its basic constituents – a man and a woman? The next obvious question is, has there been a culture that has done so and survived? Decline and fall indeed.
Justice Kennedy’s Faulty Reasoning
Writes Justice Kennedy for the majority, “The differentiation [between marriage and homosexual “cohabitation/marriage”] demeans the couple, whose moral and sexual choices the Constitution protects … and whose relationship the State has sought to dignify. And it humiliates tens of thousands of children now being raised by same-sex couples.”
“DOMA instructs all federal officials, and indeed all persons with whom same-sex couples interact, including their own children, that their marriage is less worthy than the marriages of others,” Kennedy wrote. “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity.” According to Kennedy’s sloppy logic, “gay marriage” must be made legal because the feelings of homosexuals and children they adopt, or create in the lab, might be hurt if traditional marriage is sanctioned by law. Soap opera logic at its worst.
Justice Scalia Right on Marriage
Justice Scalia, responds correctly, noting, “But to defend traditional marriage is not to condemn, demean, or humiliate those who would prefer other arrangements, any more than to defend the Constitution of the United States is to condemn, demean, or humiliate other constitutions. To hurl such accusations so casually demeans this institution. In the majority’s judgment, any resistance to its holding is beyond the pale of reasoned disagreement. To question its high-handed invalidation of a presumptively valid statute is to act (the majority is sure) with the purpose to “disparage,” “injure,” “degrade,” “demean,” and “humiliate” our fellow human beings, our fellow citizens, who are homosexual. All that, simply for supporting an Act that did no more than codify an aspect of marriage that had been unquestioned in our society for most of its existence — indeed, had been unquestioned in virtually all societies for virtually all of human history. It is one thing for a society to elect change; it is another for a court of law to impose change by adjudging those who oppose it hostes humani generis, enemies of the human race.”
Churches at Risk
The floodgate of religious persecution for churches, social agencies and adoption agencies that believe marriage is between a man and woman, and that children being adopted have a right to a mother and a father, have now been opened. Once again, the Supreme Court has bypassed the will of the people to create a social crisis.
Constitutional Marriage Amendment Battle Now On
Homosexuals who advocated this (and not all did, thankfully) will rue the day. Why? Because of all the bluster in recent years from various causes about amending the constitution, the pro-traditional-marriage cause has the highest probability of success.
Greedy for recognition, those who brought this case to the Supreme Court may have gone a bridge too far. If those who want to amend the constitution now succeed, traditional marriage will once again become the law of the land. In that sense, this current defeat by the Supreme Court may be the fist step in a long-term victory for those defending traditional marriage.