Truth on the Losing Side

By Jeff Taylor for FRONT PORCH REPUBLIC
http://www.frontporchrepublic.com/2013/06/truth-on-the-losing-side/

Justice Scalia’s dissents in the two same-sex “marriage” cases are worth reading. The first opinion addresses the idea of judicial supremacy within the federal government—what Jefferson called “the despotism of an oligarchy”:

“This case is about power in several respects. It is about the power of our people to govern themselves, and the power of this Court to pronounce the law. Today’s opinion aggrandizes the latter, with the predictable consequence of diminishing the former. We have no power to decide this case. And even if we did, we have no power under the Constitution to invalidate this democratically adopted legislation. The Court’s errors on both points spring forth from the same diseased root: an exalted conception of the role of this institution in America.”

The second dissent focuses on the smugness of the majority opinion, which blandly assumes every enlightened and good person must share their brand-new upper-class mores regarding marriage. Scalia is correct when he predicts that the anti-DOMA ruling is not the end of the matter. States’ rights was a subterfuge, not a motivation. It is only a matter of time before the Court forces every state to bend its knee before “marriage equality”:

“It takes real cheek for today’s majority to assure us, as it is going out the door, that a constitutional requirement to give formal recognition to same-sex marriage is not at issue here—when what has preceded that assurance is a lecture on how superior the majority’s moral judgment in favor of same-sex marriage is to the Congress’s hateful moral judgment against it. I promise you this: The only thing that will ‘confine’ the Court’s holding is its sense of what it can get away with.”

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