With the Supreme Court’s ruling on same-sex marriage last week, the fundamental building block of society is no longer affirmed by the rule of law. Rather, by judicial fiat, the legal doors have been thrown open for legitimization of literally any possible kind of relationship as viable and recognizable by the state.
Dr. Patrick Fagan, a sociologist and psychologist has said, “The family is the fundamental building block of society and predates the state and even the societies it builds… At the heart of the family is the mother and father who bring their children into existence.” This is a self-evident truth, regardless of who said it, and anthropologists, biologists, sociologists, politicians, and religious leaders have reiterated that very sentiment. The family is the building block of society and civilization, and the cornerstone to that foundation, or the genesis of it, is a mother and a father.
As evidence that the nation has collectively lost its mind, the highest court in the land has affirmed that “Adam and Steve” are as viable in creating the social building blocks of society as Adam and Eve were. But such convolution is unavoidable in a society where words no longer have literal meaning, but only interpretive based on contemporary perceptions of “rights” and state sanctioned privileges.
As logically bizarre as it is, the tenets of the 14th Amendment were used as justification. The Amendment was adopted following the Civil War to ensure that all citizens, regardless of color, were assured “equal protection of the laws.” The tenet was crucial to resolving issues related to race, and logically tenable. After all, no one has the ability to choose their race, their skin color, or other congenital features determined genetically. Nor can they arbitrarily choose their sex, which is why it’s also logically tenable for application of the Amendment in cases related to sexual discrimination.
But now, for the first time, “equal protection of the laws” is applied based on behavior and choice. For even if there are predilections, or a predisposition, to behave in a certain way, it is still ultimately a matter of choice whether each person acts on those inclinations. And with this caveat, application of the equal protection clause can now legally, albeit illogically, applied to anything that is behaviorally based, or has an element of choice to it. Since the “right” to “marry” no longer has any legitimacy as an anthropological, biological, or social convention, as etymologically it has held for eons, everything and anything is game.
All “marriage” restrictions can now be revisited, reinterpreted, and re-adjudicated from the bench. Marriage will continue to be redefined since it is no longer based on natural law. There is no viable logical limitation that can be applied to prevent further morphing of the term. It will of necessity evolve to include everyone who loves anyone, or anything. The man who wanted to marry his horse a few years ago, can no longer be logically proscribed, and the trio from Montana who said this week they want to be married, are all viable. And all other barriers and restrictions will necessarily fall as well since the logic and the fundamental raison d’être behind marriage is now discarded in the dustbin of history.
And since equal protection now can be applied to behavior and choice, what’s to prevent the next fad group averring their presumed “constitutional rights,” from requiring egalitarian application of the rule to income, aptitude tests, performance reviews, school exams, or any other “right” that some hair brained group claims they’re entitled to “equality under the law?” Pandora’s legal box of horrors has now been thrown open!
No wonder the most logical and constitutionally sound justice on the court, Justice Antonin Scalia, ripped the majority opinion as mercilessly as he did. He called it a “judicial Putsch” that poses a “threat to American democracy.” He added that a “system of government that makes the People subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy.” He said the Court’s “naked judicial claim to legislative—indeed, super-legislative—power bulldozed the right of the People to self-government.”
In a freaky, unconventional way, America has advanced in its claim to being the “land of the free.” We are now free from logic, common sense, and the literal rule of law. Welcome to the new Wild West where laws can mean what they don’t literally say; the rights of the people as asserted by initiative and referendum, are voided by five politicians in robes, posing as “judges” of the Constitution; and natural law, laws of biology and sociology, as well as language etymology, are all trash-canned to allow 1.5-2.5% of the population to have their lifestyle validated and affirmed.
In light of current judicial trends, no wonder Jefferson referred to the judicial branch as “the despotic branch.” Abraham Lincoln aptly described our current state, “If the policy of the Government upon vital questions…is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, the people will have ceased to be their own rulers.” Interestingly, he may have also provided the solution. “The people — the people — are the rightful masters of both congresses, and courts — not to overthrow the Constitution, but to overthrow the men who pervert it.”
Associated Press award winning columnist Richard Larsen is President of Larsen Financial, a brokerage and financial planning firm in Pocatello, Idaho and is a graduate of Idaho State University with degrees in Political Science and History and coursework completed toward a Master’s in Public Administration. He can be reached at [email protected].