Wednesday, June 04, 2008

The Less Optimistic View on Gay "Marriage"

Mike Uhlmann:

...Activist federal judges present another question altogether, since even state constitutional provisions can be overridden in the name of federal constitutional supremacy. Here, recent U.S. Supreme Court decisions give little reason for optimism. Doctrinal precedents extolling the right to privacy and individual autonomy are already in place. It is largely a matter of judicial will at this point whether the justices will imitate California by voiding preference for heterosexual marriage as an expression of mean-spirited anti-homosexual animus

See, e.g., Justice Kennedy's incoherent smarm in Casey and the comments of Scalia in his dissent on Lawrence. halfway houses, such as “civil union” legislation adopted by many states, are of little avail. Over the years California has made every imaginable accommodation to homosexual couples; they already enjoy all of the economic and social benefits available to male-female unions. The California court, however, turned this political accommodation on its head, arguing, in effect, that it demonstrated how little value the state placed on the distinctive virtues of traditional marriage.

In other words, being civil leads to uncivil civilization.

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