[/caption]I know that the slings and arrows will be heading my way in droves, but still, I must opine on the important decision that was decided yesterday, as reported by USA Today, concerning whether our Constitution sanctioned same sex marriages.
You don’t have to be Miss Cleo to know that this case is heading to the United States Supreme Court and that my favorite jurist on the Supreme Court, Antonin Scalia, will have his persuasive say. Even before law school, I was an avid admirer of Justice Scalia because of his witty judicial prose - rife with common sense - and one of Scalia’s judicial witticisms, which will be applied to the same sex issue, says that I prefer my ‘Constitution dead’, or something to that effect.
It is the custom of Liberal jurists to say that our Constitution is a living, evolving document… forever changing to meet the challenges of our changing mores. The problem with this type of judicial thinking is that every judicial precedent eventually has no meaning, and moreover, that any behavior, no matter how alien to our way of life, can find refuge and support in our Constitution.
Scalia will base his judicial decision concerning the same sex issue on the concept of Federalism. This Constitutional judicial principle is found mainly under the 9 and 10th Amendments, which basically say that any rights not forfeited to the feds are reserved to the states and the people. In essence, gay marriages might be allowed in California, but not in the so-called "Bible Belt".
Those who opposed to this judicial Federalism position want the rights for gays to be married based on an Equal Protection footing, meaning that they see themselves and equate themselves to heterosexuals who have the right to join in marriage without any laws proscribing that union.
No matter the positions, I see no support anywhere for the union of same sex marriages. If gay marriages were to be sanctioned by the high court, then what is to prevent those of us who believe in polygamy, incest, and bestiality? Those of you who support gay marriages give me a cogent argument to support these proscribed behaviors or lifestyles, notwithstanding the fact that many of the learned men in ancient Greece and Rome engaged in many of these banned practices.
Unlike many who opine on this same sex marriage issue, I will not hide my bias – I happen to believe in traditional Christian principles and no matter how in vogue that behavior becomes, I will always oppose gay marriages. I operate from the opinion that neither God nor nature sanctions them: case in point, no such union can produce an offspring, which is needed to propagate the species!
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