Thomas Sowell: Two Supreme Court Disasters Erode Our Freedom

The Supreme Court ruled 5-4 that states can’t keep same-sex couples from marrying and must recognize their unions. “It had nothing to do with it. I respectfully dissent.” For Justice Alito the decision for marriage equality was so outlandish the majority must have been drunk, “The stuff contained in today’s opinion has to diminish this Court’s reputation for clear thinking and sober analysis”.

Conservatives say Obamacare represents unconstitutional government intrusion into the lives of private citizens. From the beginning of our country, the Constitutional has left questions of marriage to the states.

Sanchez croons about “the threat to American democracy”, which brings attention to one of the most surprising passages in Scalia’s single-sex-marriage dissent. They took different approaches but ended up in the same place: the belief that marriage is between a man and a woman, because those give way to babies. “The same is true of those who oppose same-sex marriage for other reasons“.

“What the chief justice did that was wrong is he did not play the role of an umpire, he joined a team, he put an Obama jersey and rewrote the law in order to force Obamacare on millions of people who hurting because of it”, said the Texas senator. In so doing, the court cast a shadow on every American’s trust that his or her engagement in the democratic process will have an impact.

Finally, it must be emphasized that religions, and those who adhere to religious doctrines, may continue to advocate with utmost, honest conviction that, by divine precepts, same-sex marriage should not be condoned.

Even so, standing among the crowds of happy Americans celebrating the victory for marriage equality on the courthouse steps, it did not seem to matter.

Indeed, because of our political and intellectual diversity, we will disagree daily with one another on some subject or another. Thirty-four states, reflecting what polls show is more voter opposition than support for the law, rejected exchanges and the federal government had to establish them. Compared with many other issues, the robust discussion on how to define the marital relationship has barely just begun. The Constitution had everything to do with why the Supreme Court held that gay and lesbian couples have a right to marry the person of their choosing, and have their families recognized as equal.

Scalia didn’t mince his words, calling the majority opinion a “judicial Putsch”.

His opinion in the housing discrimination case aside, he more typically votes with the conservatives in civil rights cases involving race. The freedom to democratically address the most pressing social issues of the day lies at the heart of liberty.

The Supreme Court has legalized gay marriage in all 50 states.

Kellie Fiedorek is legal counsel for the Alliance Defending Freedom.