Supreme Court Rulings on Gay Marriage Represent the Fracturing of the American Culture
Our country is extremely divided.
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These Supreme Court decisions represent the visible fracturing by the judiciary of American culture and American tradition.
The Prop 8 decision was really not on the merits. That was simply the court saying that the people… What happened in California Prop 8 is the original supporters of Prop 8 backed out of it during the appeal process out there and a substitute group (I forget their name) took it up. They handled the appeal at the Ninth Circus level, the Ninth Circus made their ruling on whatever it was. The Supreme Court took the case and the decision was whether or not this substitute group defending Prop 8 was legitimate.
The court ruled today they’re not. They didn’t have standing. They don’t have standing to appeal, they don’t have standing to go forward, and so the case is sent back and remanded at its last decision, which was the Ninth Circus saying Prop 8 is unconstitutional. So same-sex marriage can continue in California. Once again in California, the will of the people is overturned by the judges, and now it’s happening at the US Supreme Court.
Scalia’s dissent today in the Defense of Marriage Act decision, I’m gonna read portions of it to you. It is unlike any dissent by any justice I’ve ever read about any case. And that’s because Scalia says that the majority in the DOMA ruling was unlike any majority that this court has ever produced, that it was filled with venom and rage. If Scalia’s dissent is right, what it means is that the common, ordinary fisticuff arguments between left and right in this country have now taken over the Supreme Court. And the law and judicial restraint, temperament and all that has evaporated. And the court is no different than a barroom now. Whoever has the largest number on one side, the loudest voices and the most insulting voices wins.