(06-29-2018 10:55 AM)arkstfan Wrote:  How was the constitution harmed?

By usurping the rightful powers of individual states.

Quote:States and the Federal government afforded those of us straight marriage certain privileges and rights denied same sex couples

Yes.

Quote:The state has to have a compelling interest to deny one relationship these enhanced rights and privileges.

Two issues here. First, whether such a compelling interest actually exists, and secondly whether the State is (or should be) required to explain/defend/justify that interest to the federal judiciary. For me, the answer to the first question is Yes and to the second question is No.

Of course, Anthony Kennedy feels differently about this than I do. We live in a time when most Americans defer to the Supreme Court on such matters, so as a legal matter, I realize the issue is resolved. But that’s hardly the same thing as being persuaded that the resolution is correct or sensible.

Quote:The real problem with gay marriage is that long ago two bad decisions were made. The first was to push government to start recording what had been a religious ceremony and the second was to conclude marriage in and of itself was not sufficient of a reward and government should afford marriage enhanced rights and privileges to encourage people to marry

To me, the idea of recording marriages is to enable the broader community to be aware of who is married (and to whom), and who is not married. To be deliberately unaware of this is an invitation to social chaos.

The idea of “marriage benefits” in the tax code, etc., reflects a view that marriage is a stabilizing institution in society. It helps connect husbands and wives to one another, and it helps connect parents to their offspring. There are, of course, some tragic exceptions to the rule, but such connections are of great benefit to families and the broader society in the overwhelming majority of cases.

I realize we are trying to communicate across a vast ideological divide. But it still surprises me that anyone would dispute those two concepts. Yet, here we are.

......

In reference to the linked article in the OP: yes the post-Kennedy Supreme Court will be very delicate with formally overturning precedents. They know as well as anybody that the Left has successfully transformed Roe v Wade into a kind of secular-icon for a lot of people and to simply throw it in the trash would cause a lot of needless political disruption and strife.