In 1996, the federal Defense of Marriage Act (DOMA) passed a Democratic Congress by bipartisan majorities and was signed into law by President Clinton, who was happy enough to say it had nothing to do with state laws. As we all know, the Supreme Court decided to re-enter the culture war by ruling the key section unconstitutional. As often as it functions as a political body these days, I’m not surprised that Rasmussen Reports finds its approval rating at an all-time low.
Bill Clinton and key Democrat backers of the law praised the overturning, which I would contend is a great example of why people hate politicians. No sooner had President Obama announced his change of heart for gay marriage ahead of his re-election than all members of his party followed suit. Of course, they were tipped off in 2011, when “Justice Obama” ruled DOMA unconstitutional and said his administration didn’t feel like enforcing it in court.
Some misguided commentators say the DOMA decision was limited in a way that reserves power to the states … because, after all, that’s what Justice Kennedy said in his majority opinion (he's the guy who says anyone who could possibly support DOMA is basically a bigot). They forget that DOMA’s passage was already marketed by all parties as an essential defense against one state’s courts imposing their gay marriage laws on another state, or worse, the federal government. Furthermore, a simple Google News search shows droves of homosexual activists and their lawyers eager to apply the DOMA ruling to the states.
Justice Scalia, a realistic conservative and an unwilling participant in this judicial oligarchy, wrote in his dissenting opinion: "How easy it is, indeed how inevitable, to reach the same conclusion with regard to state laws denying same-sex couples marital status.”
What can we do, take it to court? All lawsuits lead to the Supreme Court, which has done tremendous good and tremendous damage in our history. Its ruling for slavery helped precipitate the Civil War. Its ruling for segregation sent true discrimination into a violent spiral. Its ruling citing the carbon dioxide in your breath as an “air pollutant” to be regulated not only disenfranchised plants all over the world who breath the stuff and are kind enough to provide our oxygen, it paved the way for the bureaucracy to regulate anything from water vapor to puddles.
The justices are, like any elected body, or any king - humanly flawed. We know the Supreme Court holds in check the voters and the rest of the government. But who checks the individuals on the Supreme Court when they’re wrong? Does anyone even know? In 5-4 decisions, one lawyer’s opinion not only makes them king for a day, they are king for a day with no recourse. No one forces the Supreme Court to take up any case, but because of this ruling it’s only a matter of time before this DOMA precedent is used against all 50 states.
About 30 states had already voted against gay marriage, so is the “opinion” of these justices imposing their views on these states … is that wrong? Ever? Is nationalizing one of the most contentious state’s rights issues of our time wrong? Ever? We constitutional conservatives keep hoping for an answer more intelligent than “It’s just love, man.”
I ask those happy with the DOMA ruling: Do you believe in federalism or don't you? Do you believe in state's rights or don't you? Should the states decide or not? Should the federal Congress decide what marriage is for the sake of the federal benefits they run or should they get their laws faxed over via majority Supreme Court opinion? Because it’s really been “either/or” from you folks.
With all three branches legislating, the process is broken, and nothing proves that more than the concurrent ruling against Proposition 8. In California, the Supreme Court said that because the highest officials in the state didn’t want to enforce existing law (aka “do their jobs”), no one can. So despite the governor and attorney general shoving their views down the throats of the constituents, the people again appealed to the process, but the federal district judge who overruled Proposition 8 turned out to be gay -- go figure. Tragically, then, the biggest catalyst for gay marriage becoming de facto state law is the people of that state saying they don't want it.
Makes total totalitarian sense to me.