Newspaper article The Topeka Capital-Journal

The Supreme Court's Nonruling on Gay Marriage

Newspaper article The Topeka Capital-Journal

The Supreme Court's Nonruling on Gay Marriage

Article excerpt

Three points need to be made about Monday's decision by the Supreme Court not to decide whether the equal protection clause of the Constitution grants people of the same sex the right to marry.

Point 1: While the court's liberal wing probably wanted to accept cases banning same-sex marriage in five states that have been overturned by three different federal appeals courts in recent months, the conservative majority, along with swing Justice Anthony Kennedy, apparently wished to see states resolve the issue. Perhaps they sought to avoid another Roe vs. Wade in which a previous court overturned all state abortion laws, creating a controversy that continues today. Even so, Kennedy waded into the deep again on Wednesday, blocking the appeals court ruling declaring gay marriage legal in Idaho and Nevada, but it's likely only a temporary delay.

Point 2: For strict constructionists, the nonruling allows the culture to sort out the arguments consistent with what clearly are changing social mores. Whether this is good or bad is not up to courts to decide, conservatives might argue, but it beats top-down judicial activism of the type conservatives hate when liberal judges do it.

Point 3: The main arguments against permitting same-sex couples to marry are moral and biblical. The problem, especially for conservative Christians who oppose the legalization of gay marriage, is that they are speaking to people who don't accept their moral code, or biblical instruction.

Here's why invoking verses from the Bible isn't working. In addition to the courts having abandoned such instruction, along with, in too many cases, the Constitution that is supposed to constrain government, a growing number of people no longer accept biblical teaching. Many, the products of liberal universities, also regard the Constitution as a "living document," by which they mean it, too, can be changed or ignored to suit the times. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.