Fred’s Thought of the Day: Gay Marriage Decision Ramifications - The American Spectator | USA News and Politics
Fred’s Thought of the Day: Gay Marriage Decision Ramifications
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The ramifications of the same-sex marriage decision are many whichever way it goes. One could tell that from the comments and questions from the bench on Tuesday. However, the legal principle involved is very straightforward. And in deciding the case, the Court will be making a statement about the Court itself that will be even more far-reaching than the decision.

The legal question is whether the Court should follow legal precedent, so well established that it has never been seriously challenged up until now, or whether the Court should change with the times and make decisions based upon what it perceives those changes to be. The old-precedent-versus-evolving-Constitution argument has been with us for some time, but with the liberal interpretation always giving lip service to precedent, too. With the marriage case, however, there can be no avoiding what is really going on. The issue is too clear to sustain the usual word games.

One ramification that perhaps even the Court has not considered: If the American people conclude that the Supreme Court is really going to decide all of the major moral issues in this country, then people are going to look upon presidential elections as zero sum games that must not be lost no matter what. Not only will social issues become more important in the elections, but for those who already think that our presidential campaigns are already too mean, too long, too divisive and that campaign spending is a disgrace, just wait until they gear up to elect the person who appoints the people who are going to run the most important parts of their lives in ways that are totally new to them.

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