Dr. Patrick Fagan, a sociologist and psychologist has said, “The family is the fundamental building block of society and predates the state and even the societies it builds… At the heart of the family is the mother and father who bring their children into existence.” This is a self-evident truth, regardless of who said it, and anthropologists, biologists, sociologists, politicians, and religious leaders have reiterated that very sentiment. The family is the building block of society and civilization, and the cornerstone to that foundation, or the genesis of it, is a mother and a father.
As logically bizarre as it is, the tenets of the 14th Amendment were used as justification. The Amendment was adopted following the Civil War to ensure that all citizens, regardless of color, were assured “equal protection of the laws.” The tenet was crucial to resolving issues related to race, and logically tenable. After all, no one has the ability to choose their race, their skin color, or other congenital features determined genetically. Nor can they arbitrarily choose their sex, which is why it’s also logically tenable for application of the Amendment in cases related to sexual discrimination.
All “marriage” restrictions can now be revisited, reinterpreted, and re-adjudicated from the bench. Marriage will continue to be redefined since it is no longer based on natural law. There is no viable logical limitation that can be applied to prevent further morphing of the term. It will of necessity evolve to include everyone who loves anyone, or anything. The man who wanted to marry his horse a few years ago, can no longer be logically proscribed, and the trio from Montana who said this week they want to be married, are all viable. And all other barriers and restrictions will necessarily fall as well since the logic and the fundamental raison d’être behind marriage is now discarded in the dustbin of history.
And since equal protection now can be applied to behavior and choice, what’s to prevent the next fad group averring their presumed “constitutional rights,” from requiring egalitarian application of the rule to income, aptitude tests, performance reviews, school exams, or any other “right” that some hair brained group claims they’re entitled to “equality under the law?” Pandora’s legal box of horrors has now been thrown open!
No wonder the most logical and constitutionally sound justice on the court, Justice Antonin Scalia, ripped the majority opinion as mercilessly as he did. He called it a “judicial Putsch” that poses a “threat to American democracy.” He added that a “system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.” He said the Court’s “naked judicial claim to legislative—indeed, super-legislative—power bulldozed the right of the People to self-government.”
In light of current judicial trends, no wonder Jefferson referred to the judicial branch as “the despotic branch.” Abraham Lincoln aptly described our current state, “If the policy of the Government upon vital questions…is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, the people will have ceased to be their own rulers.” Interestingly, he may have also provided the solution. “The people — the people — are the rightful masters of both congresses, and courts — not to overthrow the Constitution, but to overthrow the men who pervert it.”
Associated Press award winning columnist Richard Larsen is President of Larsen Financial, a brokerage and financial planning firm in Pocatello, Idaho and is a graduate of Idaho State University with degrees in Political Science and History and coursework completed toward a Master’s in Public Administration. He can be reached at rlarsenen@cableone.net.
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