The decision leaves in place another provision in the law that says no state is required to recognize gay marriages performed in any other state. [Courtesy of the LATimes]
I must split with the faux-Conservative community regarding the Supreme Court’s ruling on the Defense of Marriage Act handed down today. I personally believe the law to have been un-Constitutional on two points. On account of the Tenth Amendment, the power to decide who can or cannot marry lies with each individual State. Whether Roberts et al agree with that or not, it is the correct way in which to adjudicate.
And, secondly, there is no such thing as the regulation of morality, which was the basic essence of DoMA. My working theory is the ceding of religious authority and personal morality over time to the governance of Modernism, which entails everything from Relativism to Darwinian Moralism, is the heart of the issue. But this is not the time to expand on that thought.
Regarding my stance on the regulation of morality, those more aligned with religious fundamentalism would disagree with me. They might say morality laws are necessary to slow the onslaught of social deviancy. Or that all law is inherently moral. With the latter point I would agree. Yet there is a sharp difference between a government having the power to print coinage and declare war with a government which says thou shall and thou shalt not. The morality of law, at least in the tradition of Western Enlightenment, is of a more humanistic nature: Do unto others as you would have them do unto you. Reintroduce religion into government and the theocratic State will do as much if not more harm than what we now have. In other words, the problem is not that we lack law regulating morality, it is that we lack personal morality.
Ergo, where I break with Justice Kennedy is on the issues of morality, the definition of marriage and the individual’s duty to society.
The law “places same-sex couples in an unstable position of being in a second-tier marriage,” Kennedy wrote for the court. “The differentiation demeans the couple, whose moral and sexual choices the Constitution protects, and whose relationship the state has sought to dignify.” [Courtesy of Bloomberg]
The Constitution does not protect anti-social forms of sexuality. Why, in the face of allowing homosexual marriage, should we also not allow other forms of sexually deviant behavior. Logically, what society says is wrong about every other conceivable form of sexuality would also amount to discrimination and injustice. But such couldn’t be further from the truth. Every society operates on conceived ideals, what we might call the social glue, or societal fabric. Thus, should a strand be ripped out, the society falls apart, ie changes.
The term anti-social might bring to mind anarchy or some other such means of anti-government sentiment, but true anti-social behavior is that which completely subverts the normative, in this case a form of sexuality that on one hand does not provide for the propagation of society. And on the other hand fundamentally changes the social fabric at its most basic level, the individual family unit.
The pro-LGBT crowd would here cite two seemingly logical arguments as to why homosexual unions are no different than certain heterosexual unions. One, couples are allowed to marry who either cannot have children or are past the age of childbearing years. Second, couples are allowed to marry and choose not to have children. However, these are nothing more than smokescreen arguments. Every society throughout the expanse of time has understood marriage to be a contract, both social, religious and economic, between a man and a woman. By and large, marriages produce children. It is a rule of natural law. Equally so, homosexual unions cannot produce children. Only in our modern scientific age have we perverted the child-bearing process into the choice and convenience of a petri dish.
I am oddly struck that the Supreme Court did not amend the disparity of marriage recognition between the various States [Ref quote at top]. If Justice Kennedy and his four cohorts are truly out to find justice under the law for the homosexual community, would it not therefore be appropriate to wrest the power of marriage away from the individual States and form a Bureau of Marriage at the national level?