Skip to comments.Justice Kennedy's Hubris
Posted on 12/02/2018 1:21:34 PM PST by servo1969
This week on The David Rubenstein Show, retired Justice Kennedy finally admitted the real reason behind his Obergefell ruling, the 2015 Supreme Court decision that created a novel definition of marriage to give legal status to same-sex couples. Kennedy said, It seemed to me just wrong that under the Constitution, over 100,000 adopted children of gay parents could not have their parents married. I just thought this was wrong.
Well, now we know. The justices reasoning had nothing to do with Constitutional principles. He had an emotional reaction and in his hubris he imposed his private feelings on the nation.
Ironically, the former justice had things exactly backward. The Courts unprecedented redefinition of legal marriage harms the very children it was designed to protect -- and indeed, all children.
A free society is possible only if it recognizes certain rights as pre-political. The state does not create them -- it merely recognizes them. Chief among those pre-political rights are marriage and family. In all civilizations, people have known it takes a male and a female to produce a child; thus the core definition of the family was based on biology.
All that changed with Obergefell.
The first target was marriage: The only way the state could treat same-sex couples the same as opposite-sex couples was to deny the relevance of biology and redefine legal marriage as a purely emotional bond. But we have lots of emotional bonds. So the state claimed the authority to decide which of them qualify as marriage -- based not on biology but on its own legal fiat.
(Excerpt) Read more at americanthinker.com ...
Good bye, ‘tard...
Bingo. Those gay parents never should have been given children. Nor is 100,000 that many in a country of 350 million.
Why was that his decision? The adoptions were state matters as were the decisions on gay marriage. He didn’t think it was “fair” because he had a gay mentor.
Upending 5,000 years of human history.
STOP RIGHT THERE! You are there to defend the constitution, not to change it. That is up to the states to do, asswad!
Kennedy’s statement is proof that the decision should be overturned by a future court as states’ request/file suit. Existing faux-marriages can exist as an example of a failed experiment brought on by an unconstitutional decision. When they die off it’s over.
Actually, no. The state could also treat same-sex couples the same as opposite-sex couples by eliminating any and all references to marriage in the law. If the U.S. Supreme Court was really honest about their decisions, they would have done exactly this in the Obergefell case. That case was a lawsuit brought by a same-sex couple who claimed that the U.S. tax code discriminated against them because it gave married couples financial considerations that were not available to "married" same-sex couples.
I wouldn't argue with that claim at all. The Supreme Court, however, took this argument into the realm of the absurd by imposing Federal standards in an area of law where the Federal government has absolutely ZERO authority: marital law. Instead, they should have just determined that the U.S. tax code -- which DOES come under Federal authority -- was discriminatory and therefore could no longer recognize married couples as distinct from two unrelated people who claimed to be "married."
Marriage would then be recognized as a religious institution, not a civil one. And anyone who tried to get a "marriage" recognized by the state would be treated the same way as a Jewish guy who tried to get his bar mitvah recognized by the state.
Supreme errors need supreme repentance. Court or congress needs to make a correction before we become as Sodom and Gomorrah;i.e. ashes.
It's amazing to learn that some of the dumbest people this country has ever seen have actually been U.S. Supreme Court justices. This statement would have gotten a sixth grader laughed out of a debate competition.
Don't confuse the result for the cause.
Did children living with homosexuals really care if their guardians were married?
what a frigin jackazz this guy is. His justice badge should be revoked. Even I with a 9 grade education and a GED knows that marriage is between one MAN and one WOMAN - PERIOD!
Why doesnt the Trump administration ask the court to consider another case to return marriage to the states where it belongs?
Violation of his oath...
One idiotic decision always leads to another.
So he admits he defied the Constitution, but he just didn't like the document. That should be enough to overturn the decision.
We have the greatest founding documents in human history and these worthless slobs like Kennedy treat them like toilet paper. Vile behavior!
What is it with people named Kennedy?
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