Thousands of years of human history cannot be overruled by three hours of debate before nine imperfect people. But yesterday that is the best liberals can hope for in the race to upend nature’s law — and nature’s God. Outside the U.S. Supreme Court, where the future of civilization was on trial, people from both sides of the marriage debate soaked in the sun while inside clouds gathered over the question that’s shadowed America for the last 11 years: does the court have a right to force same-sex “marriage” on every state in the union?
Two years ago, these same justices argued no. It was wrong, Anthony Kennedy warned, for courts to “put a thumb on the scales and influence a state’s decision as to how to shape its own marriage laws.” Now, a vocal minority is asking these nine justices to put — not just a thumb, but the body of America’s highest court on the scales, toppling 240 years of self-governance. If they concede, burying the nation’s democratic heritage under an avalanche of judicial activism, states’ rights are forever at risk.
“If you prevail here, there will be no more debate,” Chief Justice John Roberts told the other side’s attorneys. “People feel very differently if they have a chance to vote on it” as opposed to having it forced on them. Justice Antonin Scalia chimed in as well, insisting that the key question here was who should decide the issue, pointing out that only 11 states had done so by a “vote of the people or the legislature.”
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