Short-Term Thinking in a Long-Term World

The Legislative Branch of Government.

The Legislative Branch of Government.

It’s a strange position to be in when the Supreme Court’s decision to strike down DOMA is clearly a painfully short-sighted and stupid one, yet corresponds to my own personal preferences on the subject matter.

My position on gay marriage, born from my time studying constitutional law in college and considered with meticulous care the various moral complexities of the matter, is that I don’t give a shit. I just don’t care. It amazes me that anyone cares.

Frankly, I can’t really believe that anyone cares enough to actually go through the hassle and paperwork to enact laws preventing people from engaging in the most conservative state-sponsored behavior imaginable, for that’s what marriage is in a country with a divorce rate exceeding 50%. It’s absurd and counter intuitive, a position most often arising from a literal interpretation of a nearly 2000 year old book that directly contradicts the promotion of the most stabilizing force the country has, the family unit, which exists and is predicated by the institution of marriage.

So, strike down DOMA, let everybody get hitched, live and let live, we’re all better off, right?

Here’s the problem. The Supreme Court’s action today was wildly inappropriate. It grants power never before granted to nine people to strike down legislation they do not like. Enormous, wide-ranging, sweeping power.

This is not an exaggeration. I don’t like the legislation either, but should me and eight of my facebook friends who think alike be allowed to dictate policy over and above the legally elected representatives of the people in New York?

The Supreme Court has no jurisdiction over the case. It’s just that simple. This is the argument against today’s ruling – THERE WAS NO CASE. There was no plaintiff and defendant, there was NO ARGUMENT before the court. The government and the plaintiff both agreed with the lower court’s decision, and the matter should have ended there. The only reason for a case to go to court is to decide in favor for one side in order to adjudicate an argument (aka the foundation for the entire judicial system) and this had been accomplished. How can you appeal a decision everyone agrees on? Just to reiterate, there was no jurisdiction for the Supreme Court to decide the case because the plaintiff and the government both agreed with the decision of the court directly below the Supreme Court and the court below that one! THERE WAS NO F#@KING CASE!

So here we have whatever this nonsense masquerading as a lawsuit was brought before the Supreme Court, by two sides both intent on achieving the same result, solely to dictate policy, and 5 justices were only too happy to do so, and in effect granted themselves power to do so in any future instance.

It’s power the court should never have in a representational democracy built on the clear separation of powers. It’s an outrageous extension of authority in the name of ‘doing what’s right’. This is not what the court it supposed to do. It’s not their responsibility, it’s not their job, this is none of their damned business. The court is there to decide cases. That’s all.

So the judges got it right on this one. So what? We literally had 5 people today legislating morality without any legal standing. Who cares that they’re right?

And part of why this irritates me so much is that the tide has already turned. The teeter-totter hasn’t just started tipping, really it’s already near the ground, weighed down by the pro-gay marriage crowd, and that reality isn’t going to change. It will only increase, and speedily at that. In X number of years, gay marriage and all the rights and privileges associated will be legal in every state, a byproduct of overwhelming public support.

Instead of waiting for that, the court instead granted itself powers it has never before wielded to legislate their personal morality into legal precedent. Nothing like unchecked power in the hands of a few people to make a nation of over 300 million a better place.

This decision shouldn’t be celebrated, it should be burned in effigy.


I am a hermit living in a cave inside a mountain underneath an abyss. Your comments are the only contact I have with the outside world.

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