As far as I am concerned the 2015 gay marriage ruling completes a rewrite of our Constitution. The First Amendment says and used to mean, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press….” In contrast the ruling on gay marriage helps illustrates how far the country has departed from first principles.
We are familiar with the term “speech or expression’, which seems an innocuous expansion of the above amendment. However, “expression” enables a nearly unbounded multi-billion dollar pornography industry.
Justice Kennedy’s majority opinion stated, “The First Amendment ensures that religious organizations and persons are given proper protection as they seek to advocate and teach the principles that are so fulfilling and central to their lives and faith”. Such language severely restricts religious freedom by happening to exclude “free exercise thereof”. Therefore, believers pursue a hazardous course to exercise religious beliefs in business and personal lives.
Now we have country in which a woman can express herself in the adult film industry, but cannot start a bakery and exercise her religious convictions by refusing to bake a wedding cake for a gay couple.
Well...
..has CONGRESS really done anything?
Hasn't it ALL been the SC?