Tuesday, June 06, 2006

Gay Marriage? Just Say "No"

As one might expect, Althouse has joined others (Ted Kennedy, D-Alcohol Interests) and Russ Feingold (D-Self-Glorification) in not-too-subtle disparagement of the proposed Federal Amendment to bar homosex "marriage."

The most telling argument they all make, because they cannot make an argument on the merits, is that Federalizing marriage regulations is an affront to States' Rights.

There's a good deal of irony in that argument, since States' rights have never, NEVER, been near and dear to the Left. (Think Lawrence v. Texas...)

As usual, Levin provides the applicable retort:

Let's take a step back. Who started this battle? The so-called gay-rights groups, who developed a litigation strategy of cherry-picking states where they thought activist judges would impose their definition of marriage on the public. And they succeeded in Massachusetts...

...the amendment process is a reaction to judicial activists who seek to crush the public will...

Some have argued that marriage is a state issue. But that hasn't always been the case. Indeed, polygamy was outlawed by federal statute in the 1860's. More importantly, federalism is about the sharing of power between the federal and state governments. The amendment process is the means by which the states get to participate in power-sharing decisions. After all, it takes three-fourths of the states (38) to adopt an amendment. Therefore, if 38 states believe they need protection from judicial activists, they will support the amendment. Our understanding of constitutional government has been so degraded that when a court, in effect, amends the Constitution it's accepted as almost commonplace. But if there's an attempt to trigger the legitimate, formal amendment process, the effort is disparaged.

Umnnh...yeah. It's not hard to imagine that 38 States will ratify this, effectively removing the issue from the hands of the "positivists" in legal circles and the judiciary. After all, wherever a State has had the opportunity to vote on the issue, the Homosex "marriage" crowd has lost, and lost big.

The reason the Left argues so strenuously is that they KNOW they will lose when it goes to the States; and they prefer the rulings of the Unelected Blackrobes to the wisdom of the People.

3 comments:

allendrury said...

In 20 years you will look back on this type of debate and wonder why in heck so much attention was made to it. The world will not implode and hetro-sex will still have starter marriages. Today I called the offices of George Allen who is divorced, and ever since he was governor has had a thing for hiring lots of cute young gay men. (I know one personally)
Chris Bond who is divorced.
Kay Hutchison, divorced.
Mitch McConnel divorced.
Graham, Lindsay who is unmarried and DC types know he is of ambiguous sexual orientation. It was a real interesting time with each office and I can assure you this is goign to fail. One staffer confided (Kay's office) they really had more pressing issues to deal with!

Dad29 said...

Well, Conservatives can act just like Democrats.

If at first you don't succeed, try, try, again.

We know the game.

I thought McConnell was married to some woman who worked in the Administration...Chao?

allendrury said...

Mitch is NOW married again. But he was divorced. And as I noted today in my calls “Have ye not read, that He which made them at the beginning made them male and female, And said, For this cause shall a man leave father and mother, and shall cleave to his wife: and they twain shall be one flesh? Wherefore they are no more twain, but one flesh. What therefore God hath joined together, let not man put asunder” (Matthew 19:4-6; Mark 10:6-9 cf. Genesis 2:24).

I must say though the best was when the S.C. offices was stumped by my asking if Graham is celibate, which the Bible requires of a single man.

If they are going to play the game on this issue then I feel everyone who promotes it should be asked to answer how much they favor traditional values and family related issues.

I am but one of thousands signed up to make these calls across the countyr and it is keeping lots of staffers occupied.