King Solomon, Gay Bigots, Wise or Foolish? by scatterwisdom and Due Process of Law, #2: What Makes a Government’s Actions Legit? by Necessary and Proper may seem to be on different topics, but they are connected in this respect. Both deal with the subject of what makes a good law.
King Solomon, Gay Bigots, Wise or Foolish? considers a specific issue, same-sex “marriage.” How should the Supreme Court rule? Due Process of Law, #2: What Makes a Government’s Actions Legit? considers this question.
Who makes the laws, what rules and principles constrain the lawmakers, and what makes a law morally legitimate?
With respect to same-sex “marriage” how does ‘s post approach the role of the Supreme Court? Here is what he says.
The Supreme Court will announce next week their decision if gay couples should have the same rights to marry as straight couples. Since no rights of marriage were ever mentioned in the Bill of Rights, I surmise they will decide if gay marriage poses any risks of harm to others.
Is that appropriate? Is what says he doing really what is doing? Well, sort of. suggests that many parents are fearful that their children will learn that it is okay to be homosexual and become a homosexual, but he spends more ink expressing his concern about sexually transmitted diseases, suggesting that “marriage” will help homosexuals avoid disease.
‘s post, however, does not address a specific issue. Instead, talks to the principles that distinguish between the rule of men and the rule of law. What is apparent in ‘s post is that he has abandoned those principles. Is he unaware of them? I doubt it. I think has just given up any hope judges will apply those principles. Consider his answer to one of his own questions.
Is it wise for the government to get out of the business of marriage licenses? Yes, of course this is my personal opinion.
Could the government get out of the marriage business? Well, government does not exist to operate businesses. Government’s legitimate business is protecting the rights of the People. The government’s role in licensing marriages is protecting the rights of children, not endorsing sexual relationships.
What is the harm from same-sex “marriage”? In order to advocate their fantasy, homosexual rights advocates have also sown confusion about the purpose of the law. As observed “no rights of marriage were ever mentioned in the Bill of Rights.” The Tenth Amendment, however, clearly states the Federal courts have no jurisdiction. Same-sex “marriage” is an issue for the states to resolve in the legislatures. The Supreme Court is not God. No judges are gods. When they invent rights out of thin air, they endanger our nation. Instead of the rule of law, such judges reduce us to the rule of men.
Please read King Solomon, Gay Bigots, Wise or Foolish?. Then read Due Process of Law, #2: What Makes a Government’s Actions Legit?. Consider whether the courts should have the power to rule on matters where they truly have nothing in the law that empowers them to do so. What is risk? What is the benefit? What happens when honorable so-and-so’s no longer honor their oaths to support and defend the Constitution?