Marriage However They Want It
Yes, there are distinctions, and obviously, it is possible to argue both points simultaneously, but consider the circumstances that some early federal judicial rulings on same-sex marriage have created. A judge in Massachusetts has declared that the U.S. Congress and President cannot define marriage for the purposes of federal law, because the Constitution leaves the definition of marriage to the states. Now, a judge in California has single-handedly insisted that the people of that state, following the process of changing their constitution in order to affirm the definition of marriage as a relationship between members of the opposite sex, have violated the national Constitution.
Perhaps I’m not alone in inferring that the game is rigged and in taking this instance as evidence of the broader relentlessness of a ruling class that disagrees with the people of, by, and for whom the government is supposed to exist. On the blog Gay Patriot (via Instapundit), B. Daniel Blatt highlights some evidence that Chief U.S. District Judge Vaughn Walker ruled based, above all, on his own value system, rather than the law or the consensus of Americans:
Whoah, this guy is given more to popular jargon that to constitutional interpretation:
“the evidence shows that Proposition 8 harms the state’s interest in equality, because it mandates that men and women be treated differently based on antiquated and discredited notions of gender.” Antiquated and discredited notions of gender? Discredited by whom? Sociologists writing in the 1970s, inventing a social construct out of thin air?
Commenting to a related post on the Volokh Conspiracy, Bart DePalma extrapolates the broader oligarchical question well:
The federal courts are not doing the Dems any favors.
Missouri’s Prop C showed that the voters are already in full rebellion over an imperial Congress taking control of their health insurance against their will.
Then, last month, a district court judge in AZ decreed that the most popular law in the country — Arizona’s attempt to enforce federal immigration law — was likely unconstitutional because it would be contrary to Obama policy not to enforce the law.
Now, a district court judge in San Fran has literally decreed that homosexual unions are marriages and the voters of CA were irrational to vote otherwise.
The courts may have just added law and order and social issue voters to the tsunami already headed to the ballot box in November.
How many more times does the ruling class think voters can be denied before there is a revolution — first at the ballot box and then if that fails on the streets?
If I may paint in even broader strokes: Incremental imposition of a national worldview — which is not very far, at all, from an organized religion — had served progressives well for a number of decades, as they infiltrated opinion-forming sectors of society, such as education and entertainment. By that method, they numbed and isolated their opposition. By a more political method, they drew in constituencies wanting some change to the order of American society, whether by encouraging dependency on government or picking the sides in cultural battles that appeal to our most basic desires and disruptive impulses (sex most prominently).
In recent decades, cultural conservatives aligned with civil libertarians and began building means of conveying their ideas even when locked out of more traditional media. At the beginning of this millennium, I’d have wagered that the conservative arguments thus promulgated would gradually win the day against the bankrupt and totalitarian ideas of the Left, and that the discoursive struggle would be between the right-leaning erstwhile allies. Unfortunately, the combination of 9/11 and President Bush’s “compassionate conservatism” confused the trend and ushered in a far-left Democrat Congress and President Obama, who slithered into office on a centrist lie and a stolen dream.
Perhaps liberals have lost faith in incrementalism and are attempting to leap several rungs of the ladder at a time. Or perhaps conservatives are now better positioned to respond to the usurpation of our civil society. Whatever the case, big questions have been brought forward for pivotal answers, and support for immediate outcomes could come at the cost of much more fundamental concerns.