Friday, July 3, 2015

Why relying on the courts for social justice is a bad idea

Well, gays can get married in all 50 states and all 50 states must recognize those marriages.  Cheif Justice Robert's in his disenting opinion wrote, that the decision had nothing to do with the constitution.  Justice Alito wrote against the fact that a small majority of justices can invent new rights and impose them on the rest of the country.  These two dissenting opinions are among the best in my opinion.  I also think these opinions have merrit.

Now let me be clear, I am all for the right of any consenting adult to enter into any commited relationship they so chose.  This includes homosexuals, but it also includes polygamous familes.

Hollywood, is appearing to be warming our hearts to polygamous familes.  There are currently two reality shows that focus on polygamy, and a few years ago we had on Cable a drama series based on it.  To fully seal the deal polygamy needs to get on primetime on network television.  

Anyone remember when Ellen had her own sitcom and she came out in real life and as a character on the show?  Sponsors pulled out in protest.  Still she pressed on and now is on top of her own TV empire.  Other shows such as Will and Grace brought homosexuals to prime time and as a society we grew used to them.

Then states began to pass laws trying to stop the inevitable.  All conservatives knew the day would come and how it would come, via the courts.  Ballot initiatives put it to the test almost every single time gay marriage was voted down.  It is only recently that the tides have turned.  

I challenge anyone to find the right to marry, even men and women, in the constitution.  It isn't in there.  For the most part the constitution is a limit of the powers of the federal government, especially the first 10 ammendments.

The issue started in Hawaii and eventually found its way to the supreme court.  Along the way the Defense of Marriage Act was passed and signed into law by President Clinton and it was eventually partially struck down by the courts along with other state bans on gay marriage.  

While I am happy that gays now have the right to marry whom they love, a part of me knows deep down that the Court just invented a right, they did not get that from the constitution.  As such the conservative voters of the United States will feel betrayed, much like they did when the courts invented the right to an abortion based on a very lose interpretation of the right to privacy.  30 years later people are still protesting, as they will this decision for years to come.  

It is not over, the constitution can be amended, that is part of the checks and ballances that the founders put in.  However, such an outcome is unlikely.  Pat Robertson of the 700 club was rumored to be on suicide watch.  LOL.  Rush Limbaugh is back on Oxycotin.  

What if the court had ruled 5-4 against gay marriage.  Would people be cheering the courts as they are now? I think not.  Would the left accept the decision or continue to press the courts.  I myself would have like to have seen more voter approval on this issue.  It's one of the reasons why Abortion was never really embraced by so many.  

The courts should not let public opionion sway their decision but let's face it, they do so all the time and this decision is nothing new.  So give the left their victory dance but remember this decision had nothing to do with the constitution and this decision could be undone by constitutional amendment if enough conservatives win the next election.  

Should polygamy be legal?

I think so, who is really hurt by it.  By law now, a man can only be legally married to one of his wives the rest are essentially shacking up with him, living in sin if they are religious.  Consenting adults should be able to enter any commited relationship they so chose.  Cohabitation and civil ceromonies is not enough.  The right to adopt children, pass along estates, ect, all the rights that married couples now enjoy polygamous families should have the rights to them to.  All it takes is for someone to sue in state court.  It won't be long, I predict the first case will come from the Fundamentalist Mormons in the Utah/Arizona border.  

The courts is not the place we should seek for social justice.  Pay attention to your local elections and ballot inititives if you have them in your state.  Get the majority of the citizens behind you and win over people the right way, not by fiat by the courts.  

What's next now that Gay Marriage is legal?

I believe that people will start to sue wedding halls and churches that don't want to rent out their facilities for gay weddings.  More bakery shops will be targeted online when the simple option is to simply shop elsewhere.  Long gone is the business motto, "We reserve the right to refuse service to anyone."  It is their business, they have a right to decide who they want to cater too.  

Just as I, as a man, can not join Curves (a chain of women's fitness centers) unless I Bruce Jenner myself, there are some businesses in the wedding industry that may not want to participate in something their religion teaches against.  Instead of suing, just shop elsewhere.  However, I feel these lawsuits will become much more common, churches might even start losing their tax exempt status if the President orders it so.  Preachers might be cited for hate speech as they are in England.  This isn't fear, much of this is already happening.  Forget about the right to protest in a peaceful assembly and don't even dream of passing out leaflets.  

Let's see how many angry videos are made about this.  If you don't like my opinions that's fine I can live with that.