Four out of the five
Catholics on the United States Supreme Court apparently believe that it is a perfectly
proper function of federal, state and local governments in this supposedly free
country of ours to legislate morality among the populace such that conduct
deemed to be philosophically moral or immoral may be rewarded or punished at
the whim of the majority.
So says Justice Antonin Scalia
about same sex marriage in his dissenting opinion in U.S. v. Windsor:
“As I have observed before, the Constitution does not forbid the government to
enforce traditional moral and sexual norms… I will not swell the U. S. Reports
with restatements of that point. It is enough to say that the Constitution
neither requires nor forbids our society to approve of same-sex marriage, much
as it neither requires nor forbids us to approve of no-fault divorce, polygamy,
or the consumption of alcohol.”
Scalia was referring in part
to his earlier dissent in Lawrence v. Texas, in which he opined that he sees no
constitutional violation of liberty problem whatsoever with legislators criminalizing
sexual practices between wholly consenting adults in the privacy of their
bedrooms, to wit: homosexual sex in that case.
Do you think Scalia’s
opinions might have anything to do with his religion? Surely it must be so.
This obviously isn’t just
about morality so much as it’s about Scalia’s own particular Christian religious
morality. It is crystal clear to me that if a state legislature ever saw fit to
criminalize the doggy style sexual position between two consenting adults in
the privacy of their bedrooms, he would have no objection upon fundamental
liberty constitutional grounds.
Thankfully, at least one of
the Catholics, Justice Anthony Kennedy, and four other Justices, recognize that
it is a violation of liberty and equal protection of the law under the Fifth
and Fourteenth Amendments of the Constitution to deny same sex married couples
the same rights and benefits the government affords to heterosexual couples.
Thus, SCOTUS, by a vote of 5
to 4, struck down the federal Defense of Marriage Act (DOMA), provisions which
define the term “marriage” in moral terms as limited to unions between
heterosexuals and thereby deliberately treat homosexuals unequally under the
provisions of thousands of federal statutes conferring benefits upon married
couples.
To me this decision was a classic
no brainer just like the 1954 SCOTUS decision in Brown v. Board of Education
which struck down public school segregation laws as unconstitutional violations
of equal protection of the laws.
Sadly, I think that if
Justice Scalia and his four cohorts were on the bench then and had their way
there would still be government sanctioned racial segregation in the United
States of America today on the grounds that, in their misguided minds, the
Constitution neither requires nor forbids our society to approve of equality
for blacks.
Scalia has no problem with
striking down other laws as unconstitutional when he disagrees with the moral
principles involved. He, for example, would have voided Omama care as a violation
of constitutional guaranteed liberty even though that law is grounded upon the
ostensible moral principle that we all have an obligation to help everyone get
health care insurance.
After all, the Constitution
doesn’t expressly forbid or require Omama care schemes so why not leave that up
the legislators too?
He’s a constitutional
hypocrite, that’s why.
The fact of the matter is that
attempts to legislate morality, especially religiously oriented morality, are usually
futile because people are just going to disregard such laws and do what they damn
well please anyhow. That was the case with prohibition in the 1920’s and in
hundreds, if not thousands, of other instances throughout recorded history
right up to our never ending War on Drugs.
Justice Scalia and other
hard core religionists see homosexuality as a religious morality issue and are
consequently blind to the clear fact that it’s a civil rights issue. They view
homosexuals as second class citizens due to their immorality and believe that
the majority of heterosexuals therefore have the right to discriminate against
them.
Many of these religionists
even take the position that recognizing the inherent civil rights of homosexual’s
amounts to an attack upon their own precious religious liberty. “A House,
Senate and president together defending traditional marriage is ruled
unconstitutional, cries one outraged religionist.
“Can a Roe v. Wade-like "right" to same-sex marriage — pulverizing
religious liberty — be far behind?”
Next, he warns that such disregard
for religious freedom will culminate in: “forcing churches to marry same-sex
couples — a new kind of "shotgun wedding" for the 21st century… In
shielding homosexuals from being "demeaned," they now seem ready in
the near future to hold a gun to the head of clergy who refuse to marry them.
That will not be America.”
“I’m furious.” declares
another.
“We at the National
Organization for Marriage, (NOM) and tens of millions of other Americans
will never accept it… “It’s wrong, plain and simple. There’s a stench to these
decisions that has stained the Supreme Court… We will do everything in our
power to preserve marriage across the country because marriage as God created
is the most important social institution we can offer men, women and children… Marriage
is hanging by a thread in America. It lost today in California, and those
responsible will be coming after every remaining state that refuses to abandon
the truth of marriage.”
If gays can get married and receive the same government
benefits as straights, that destroys their religious liberty. Soon the
government will be forcing churches to marry gays. Civilization and God’s
creation of the institution of marriage is hanging by a thread. We’re the heterosexual
majority and we ought to have the right to legislate our idea of morality.
This is the exact kind of hysterical nonsense we heard
during the 1950’s and ‘60’s while the civil rights movement was raging. The
world was about to come to an end because blacks were being granted equal
protection of the law. The liberty of whites was about to be destroyed. Civilization
and God’s creation of the inequality of the races was hanging by a thread. Soon
the government would be forcing whites to marry blacks. We’re the white majority
and we ought to have the right to legislate our idea of racial morality.
That’s what we get when we have the courts allowing the politicians to
legislate morality.