Buddhist Catholic Contemplative Evangelical General Christian Hindu Jewish Latter-day Saint Muslim New Visions Progressive Christian

Beliefs

Topics

Columnists

Resource Library

Research Tools

Video

Podcasts

Thought Readers

Faith In Media Tracker

Newsletters

Ad-Free & Subscriber Log-In Subscription Support

Follow Patheos

Christian Piatt

Home
Progressive Christian
Gay Marriage is Legal; SCOTUS Dissent is Shameful

Gay Marriage is Legal; SCOTUS Dissent is Shameful

Last updated on: June 26, 2015 at 4:22 pm by Christian Piatt

Gay Marriage is Legal; SCOTUS Dissent is Shameful 2015-06-26T16:22:51+00:00 Christian Piatt

LOGO Patheos Explore the world's faith through different perspectives on religion and spirituality! Patheos has the views of the prevalent religions and spiritualities of the world.

In a historic 5-4 opinion, the U.S. Supreme Court has ruled that states must recognize the marriages of same-sex couples. Swing vote Anthony Kennedy recognized that, as our understanding of human beings changes, so should the understanding of how our institutions accommodate and recognize them.

He cited the example that rights for women have shifted as our society has gone from seeing women as property to recognizing them as equals to men. It seems only just to me then that, as we know that gender identity and orientation are rooted in our fundamental biology, our interpretation of how the union between two people is understood should evolve as well.

The dissenting opinions (one written separately by every dissenting voter) ranged from predictably sullen to outrageously scathing. Chief Justice Roberts was circumspect in his statement, writing that while those in favor of same-sex marriage should celebrate a victory today, they shouldn’t celebrate the Constitution. This, he says, is because today’s decision has no basis in the Constitution.

However, Justice Roberts, please consider the core values expressed in the Declaration of Independence:

We hold these truths to be self-evident: that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.

Yes, this is not in the Constitution, but if we believe these sentiments to be fundamental to our identity as a nation, they should be inhered in all interpretations of the Constitution. As such it is implicitly a core value of that document.

Justice Alito took the “slippery slope” argument, asking toungue-in-cheek why the decision topped at only two men or two women. “Why not four men?” he Suggested.

Because, Justice Alito, there is nothing in the case before you about three or four men marrying, or a woman marrying a sloth, or one man and ten women. You are to rule on the case before you and nothing more. If and when you have a case at your bench arguing for the marriage of four men, then it’s incumbent on you to rule on it. Until then, the slippery slope argument is specious, and has no basis in constitutional law.

Justice Scalia, however, once again took the proverbial gay wedding cake. He engaged in various rhetorical pyrotechnics that we’ve come to expect (find them online lots of places if you’re into that kind of thing), but most shocking to me was his direct assault on the integrity of the court itself on which he sits.

“The opinion is couched in a style that is as pretentious as its content is egotistic. If, even as the price to be paid for a fifth vote, I ever joined an opinion for the Court that began: ‘The Constitution promises liberty to all within its reach, a liberty that includes certain specific rights that allow persons, within a lawful realm, to define and express their identity,’ I would hide my head in a bag. The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”

Is this, to anyone other than me, one of the worst cases of sour grapes, or taking your toys and stomping home, that you’ve ever seen? If he’s so disenchanted with the way the court rules, perhaps its time for him to step down and make room for a justice who holds the Supreme Court in higher esteem.

And for that, Justice Scalia, we would thank you from the bottom of our gay-loving hearts.

Previous Post

June 24, 2015

White Hate Groups: More Dangerous to U.S. Than Muslim Terrorists

Next Post

July 2, 2015 God is Transgender

Browse Our Archives

Select a Category atonement belief bible Bill O'Reilly Buddhism CCM children christian piatt christianity Contemporary Christian Music current events derek flood Easter education Everyday Sunday faith faith and culture Frank Schaeffer great commission Haaz Sleiman Hobby Lobby Homebrewed Culture humor ISIS Jesus John Paul Lederach Killing Jesus LGBTQ marc driscoll Mission Year Music My Jesus Project Nat Geo parenting politics popular culture postChristian prison reform Ray rice religion republicans sacrifice sexuality theology Uncategorized video violence wild goose festival World Vision young adults

Select a Month December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 December 2011 November 2011 October 2011 September 2011 August 2011 July 2011 June 2011 May 2011 April 2011 March 2011 February 2011 January 2011 December 2010 November 2010 October 2010 September 2010 August 2010 July 2010 June 2010 May 2010 April 2010 March 2010 February 2010 January 2010 December 2009 November 2009 October 2009 September 2009 August 2009 July 2009 June 2009 May 2009 April 2009 March 2009 February 2009 January 2009 December 2008 November 2008 October 2008 September 2008 August 2008 July 2008 June 2008 May 2008 April 2008 March 2008 February 2008 January 2008 December 2007 November 2007 October 2007 September 2007 August 2007 July 2007 June 2007 May 2007 April 2007 March 2007 February 2007 January 2007 December 2006 November 2006 October 2006 September 2006 August 2006

TAKE THE

Religious Wisdom Quiz

What does "Jehovah Nissi" mean?

Select your answer to see how you score.

The Lord is Holy The Lord Saves The Lord is My Banner The Lord is My Provider