Tuesday, September 09, 2014

Positivizing the Eschaton at SCOTUS

It's likely that SCOTUS will be Positivizing the Eschaton of gay "marriage" in the next couple of years.  That'll happen despite the clear will of the people in three dozen States.  But Fed Gummint judges can't stop themselves from trampling all over the 9th Amendment;  it's what Fed judges do, as the scorpion famously said.

When that happens, let us remember the semi-immortal words of Justice Kennedy:

...The laws on marriage are typically made in the States, but there are many questions that must arise in federal law about the meaning of marriage – e. g., who counts as a “married couple” in immigration and naturalization, in matters of taxation, or benefits in the military?
But Justice Kennedy would write, with a straight face, that this federal portion of DOMA had trodden upon the  “historic and essential authority [of the States] to define the marital relation,” and sought to “influence or interfere with state sovereign choices about who may be married.

Why are those "semi-immortal" words?

Because Kennedy will kill them off.  

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