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Justice Kennedy's Hubris
American Thinker ^ | 12-2-2018 | Nancy Pearcey

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 justice’s 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 Court’s 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 ...


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Philosophy
KEYWORDS: 2015; constitution; dnctalkingpoint; dnctalkingpoints; gay; gaymarriage; gays; genderdysphoria; homosexualagenda; judicialactivism; judiciary; kennedy; lgbtq; marriage; mediawingofthednc; nancypearcey; obergefell; partisanmediashills; pervs; presstitutes; scotus; smearmachine; ssm
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Well, that's just super.
1 posted on 12/02/2018 1:21:34 PM PST by servo1969
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To: servo1969

Good bye, ‘tard...


2 posted on 12/02/2018 1:23:21 PM PST by Paladin2
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To: servo1969

Bingo. Those gay parents never should have been given children. Nor is 100,000 that many in a country of 350 million.


3 posted on 12/02/2018 1:24:30 PM PST by Williams (Stop Tolerating The Intolerant.)
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To: servo1969

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.


4 posted on 12/02/2018 1:26:55 PM PST by Williams (Stop Tolerating The Intolerant.)
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To: servo1969

Upending 5,000 years of human history.

for feeeeeeelings.........


5 posted on 12/02/2018 1:29:06 PM PST by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: servo1969
It seemed to me just wrong that under the Constitution,

STOP RIGHT THERE! You are there to defend the constitution, not to change it. That is up to the states to do, asswad!

6 posted on 12/02/2018 1:31:33 PM PST by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you .)
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To: servo1969

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.


7 posted on 12/02/2018 1:34:10 PM PST by rephope
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To: servo1969
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.

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.

8 posted on 12/02/2018 1:35:19 PM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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To: servo1969

Supreme errors need supreme repentance. Court or congress needs to make a correction before we become as Sodom and Gomorrah;i.e. ashes.


9 posted on 12/02/2018 1:36:42 PM PST by KDF48 (Redeemed by Christ.)
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To: Vaquero
It seemed to me just wrong that under the Constitution ...

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.

10 posted on 12/02/2018 1:38:02 PM PST by Alberta's Child ("The Russians escaped while we weren't watching them ... like Russians will.")
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To: KDF48
Court or congress needs to make a correction before we become as Sodom and Gomorrah

Don't confuse the result for the cause.

11 posted on 12/02/2018 1:48:11 PM PST by papertyger (Trump, A president so great, that Democrats who said they would leave America if he won, stayed!)
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To: servo1969

Did children living with homosexuals really care if their guardians were married?


12 posted on 12/02/2018 1:51:46 PM PST by skr (May God confound the enemy)
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To: servo1969

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!


13 posted on 12/02/2018 1:52:51 PM PST by Pilated (.)
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To: servo1969

Why doesnt the Trump administration ask the court to consider another case to return marriage to the states where it belongs?


14 posted on 12/02/2018 1:55:14 PM PST by Midwesterner53
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To: servo1969

Violation of his oath...


15 posted on 12/02/2018 1:56:05 PM PST by piasa (Attitude adjustments offered here free of charge.)
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To: Williams

One idiotic decision always leads to another.


16 posted on 12/02/2018 2:12:33 PM PST by ZULU (Jeff Sessions should be tried for sedition.)
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To: Alberta's Child
That’s a great idea😄! A Bar Mitzvah should be recognized by the State, because Torah creates good responsible men, fathers and citizens. Give the religious people a Tax Break an make America G-d Fearing Again; by the way there is no other way to make America Great Again! Happy Hanukkah!
17 posted on 12/02/2018 2:14:51 PM PST by Torahman (Remember the Maccabees)
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To: servo1969
“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.”

So he admits he defied the Constitution, but he just didn't like the document. That should be enough to overturn the decision.

18 posted on 12/02/2018 2:20:58 PM PST by MileHi (Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: servo1969

We have the greatest founding documents in human history and these worthless slobs like Kennedy treat them like toilet paper. Vile behavior!


19 posted on 12/02/2018 2:24:40 PM PST by LongWayHome
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To: servo1969

What is it with people named Kennedy?


20 posted on 12/02/2018 2:52:54 PM PST by Mr Ramsbotham ("God is a spirit, and man His means of walking on the earth.")
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