Friday, October 10, 2014

Supreme confusion on same sex marriage

The Supreme Court of the United Stated (SCOTUS) has declined to review any of the appellate court decisions on various laws or state Constitutional matters related to same sex marriage. The tabloids, and even some respectable journalists, have characterized this as leaving the matter unsettled. I think that's wrong, at least for the moment, and I'll share my thoughts on why and wait for comments.

1 - there's nothing to decide. sensationalism aside, every appellate court has ruled in favor of same sex marriage. True, some have found a new Constitutional right in the Bil of Rights, while others have struck at process, but whether blocking laws or amendments forbidding marriage, or letting stand laws permitting marriage, no appellate level court has ruled that states have the right to forbid it.

I can't believe that all of the justices actually agree with the rulings, but there isn't a division of rulings to bring the matter under additional scrutiny.

2 - they don't want to rule on this. For every justice there will come a time when personal belief, practice, or religion conflicts with good jurisprudence. Several of the judges follow the Catholic Church teaching on abortion and homosexuality in their personal lives. Most of them were questioned on that during confirmation hearings and said they would rule on the law. I believe that several justices might recuse themselves rather than put law over belief.

I would bet a reasonable sum that if there is a disagreement, and a SCOTUS decision, that the ruling would use two or three paths to get to the decision, and there might be more than a one minority opinion.

3 - Politicians don't want a ruling. Right now the issue can still be a political football in some contests, and in two years it will be an issue in the Presidential election, implicitly or explicitly. A final ruling, particularly with a strong majority, would make further posturing on the issue look like "we can't get over it," much like the House voting over and over to repeal ObamaCare. It reassures the minority that they are still loved, and convinces the majority that politicians are unable to get anything new done, and thus are beating the same dead horse over and over, dragging the carcass through the streets.

There you are, you can pick your favorite reason or conjure one of your own and put it in the comments.

America is the country where only 30% of the people eligible to register and vote do so, but 90% of those who didn't vote will whine about the results. two years ago 21 state and national elections were decided by less then 1%, some by less than 20 votes. So politely,  
Vote or shut the hell up.

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