Tag Archives: same sex marriage

The Left will rue the day they cheered an activist Court

Summary:  The reactions to the Court’s ruling on Obamacare and same sex marriage divide on predictable partisan grounds, as Americans seek what they want. We care little about Constitutional procedure and less about the work of making the machinery work as the Founders intended. It’s the thinking typical of political regimes’ last days, when belief has gone and people just follow the forms.  {We’re back to one post per day, as I consider winding down this project.}

Justice lying down

The Supreme Court has legalized same-sex marriages. David Fontana at Slate gives some of the typical liberal cheering for the Court’s decision on same-sex marriages: “The Justices’ Justice” — “For years we feared the consequences of pushing social progress through the courts. Obergefell v. Hodges will prove we shouldn’t.”  I suspect he’s cheering prematurely.

For a clearer example of thinking on the Left see Matthew Yglesias’ reaction, exultant and quite daft (red emphasis added)…

What’s more, it’s a huge analytic mistake to assume that striking down some law is an anti-majoritarian action. The way the United States government works is that change is very hard. Given the current state of gridlock in Washington, it’s pretty clear that neither a gay marriage legalization bill nor a gay marriage illegalization bill could pass. On marriage equality, like on virtually every other issue, the status quo is simply likely to prevail. Into the breach steps the Supreme Court — in this case, on the side of the majority according to polls.

All in all, I think the American system of checks-and-balances has a lot of flaws. But unelected judges invalidating unjust laws that a majority of the public wants invalidated is basically the system working at its best.

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The Court overturns two laws passed by Congress. Everybody cheers!

Summary:  This was a bad week for the Republic. No matter what your opinions about Same Sex Marriage and the Voting Rights Act, these decisions weaken us. As we become more accustomed to undemocratic solutions, our ruling elites become stronger. We become weaker.

Oracles, ruling on the basis of a document in which few people believe.

Oracles of a document in which many of us no longer believe

It {is} an axiom of eternal truth in politics that whatever power in any government is independent, is absolute also; in theory only at first, while the spirit of the people is up, but in practice, as fast as that relaxes. Independence can be trusted nowhere but with the people. They are inherently independent of all but moral law …
— Jefferson in a letter to Judge Spencer Roane, November 1819

The Supreme Court overturned two laws passed by Congress and signed by the President: the Voting Rights Act (VRA) and the Defense of Marriage Act (DOMA, signed by Clinton in 1996). Being bystanders and sheep, Americans cheered their teams’ wins and boo’d their defeat. A profoundly undemocratic institution has gained a greater role over our elected representatives no longer matters to us.

Being fools we do not realize that there are not two teams, just two factions of our ruling elites. This week the Court did their will on both verdicts. Gutting the VRA allows the GOP to continue its voter suppression projects, to keep the more unstable lower orders in line (having no property, nothing to lose, oligarchs always worry they might be mobilized against the regime).

As for the victory for gay rights, it is politically inconsequential. Our plutocrats have relearned ancient wisdom: it’s best to leave the proles to their own lives. Who they screw, their family structures, how they organize their communities — none of these things matter. Our rulers focus on the essentials of concentrating income, wealth, and power.

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Do we want to bring back traditional marriage? What is traditional marriage?

One of my co-authors pointed out that the previous post was incomplete:  Should we thank the Court as it rescues us from our bad laws? Or just bow?. It included a quote that was absurdly incorrect. Although peripheral to the point of the post, a correction is required.

It’s this from “Gay marriage and the Supreme Court’s empire“, Paul Mirengoff, Powerline, 4 March 2013:

By “traditional definition of marriage” in this context, I really mean the universal definition — one that, as far as I know, prevailed until very recently in all societies since the beginning of recorded time.

Here we have the confident ignorance that characterizes modern conservatism. Marriage customs vary widely throughout the history of Earth’s many cultures. From nothing — free pairings — through polygamy (usually polygyny — like the patriarchs in the Bible; rarely polyandry). With the most constant feature being that, one way or another, men in the elites get several hot women.

Also, “traditional marriage” often required no consent from the woman (or women) involved. Nor did divorce (eg, Deuteronomy 24 and the Islamic ṭalāq).  Both might even take place simultaneously, as in wife selling (see Wikipedia).

The quote is daft in another way.

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