Bizarro Issues Statement on Solyndra | Main | Video of Axelrod's Goofing
May 31, 2012

It Begins: First Circuit Court of Appeals Strikes Down DOMA as "Unconstitutional"

In the beginning of this debate, conservatives argued the laws of marriage must be uniform across states on fundamental issues.

Nonsense, the left said. Each state (or, more accurately, each state's courts, in the main) should be free to experiment. So what if we have a crazy-quilt of differing laws? That's what federalism is all about.

Conservatives argued back that if gay marriage were permitted, courts would quickly force it upon unwilling states, with the argument that marriage benefits must travel state lines.

Nonsense, the left said. A phantasmal worry, bordering on a lie. DOMA insures that this will not happen.

Well, now the First Circuit says DOMA is unconstitutional.

Turns out that crazy-quilt patchwork the left said would work isn't going to be permitted to work. They now join the former conservative position that marriage laws must be uniform on this issue... except they insist the law must be uniformly pro-gay-marriage.

I've been arguing this for a while: If you really want a constitutional amendment, do not outlaw gay marriage. It won't pass. We've already seen the polls.

If you want an amendment, amend the constitution to say that as marriage has existed as between a man and a woman since the beginning of the Republic, no court can claim that the federal constitution or any state constitution mandates it.

Which is obvious.

This will stop the madness of courts continually writing their own law on this issue.

If it passes in a state, it passes in a state. Such is democracy, and such is federalism.

But courts have no right to claim that the authors of the Constitution, and the states which passed it into law, considered same-sex marriage a right. Obviously they did not, and it's high time the courts stopped claiming otherwise.

The Constitution is authorized to be changed by one process-- the amendment process.

There is no provision in the Constitution to add to the Bill of Rights based on the current political whims of five judges.

digg this
posted by Ace at 02:24 PM

| Access Comments

Recent Comments
Calm Mentor: "I love it. That'd be 22 for me. Which I co ..."

Harry Paratestes: ">>You know the French dating M/F age formula, righ ..."

Smaug: "Posted by: mindful webworker - 12 Days 'til Solsti ..."

Berserker-Dragonheads Division: "A few weeks ago the OT thread had something about ..."

Aetius451AD Work Laptop: "Night MW. ..."

mindful webworker - 12 Days 'til Solstice: "Howdy Morons 😛 and 💜 the 'ette bri ..."

Harry Paratestes: "I hear you. I have stupidly posted my info a few t ..."

Aetius451AD Work Laptop: "Flounder, but how many miliKohns? Posted by: ..."

flounder, rebel, vulgarian, deplorable, winner: "You think? Posted by: Harry Paratestes at Decem ..."

Smaug: " I'm more paranoid about doxxing then most people ..."

Aetius451AD Work Laptop: "I talk about repealing the 19th amendment and she' ..."

Harry Paratestes: "Paranoid about being doxxed. Plays with fire. ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64