A Disgusting Court

A while ago, I wrote about racism on the Supreme Court.

The Supreme Court wrote in its DOMA ruling

What has been explained to this point should more than suffice to establish that the principal purpose and the necessary effect of this law are to demean those persons who are in a lawful same-sex marriage.


…no legitimate purpose overcomes the purpose and effect [of DOMA] to disparage and to injure….

And so on.

Chief Justice John Roberts wrote in dissent of this ruling [emphasis in the original],

At least without some more convincing evidence that the Act’s principal purpose was to codify malice, and that it furthered no legitimate government interests, I would not tar the political branches with the brush of bigotry.

Justice Antonin Scalia wrote in his dissent [emphasis in the original, cites omitted],

[T]he majority says that the support­ers of this Act acted with malice—with the “purpose” “to disparage and to injure” same-sex couples.  It says that the motivation for DOMA was to “demean,” to “impose inequality,” to “impose…a stigma,” to deny people “equal dignity,” to brand gay people as “unworthy,” and to “humiliat[e]”their children, (emphasis added).

I am sure these accusations are quite untrue.  To be sure (as the majority points out), the legislation is called the Defense of Marriage Act.  But to defend traditional marriage is not to condemn, demean, or humiliate those who would prefer other arrangements, any more than to defend the Constitution of the United States is to con­demn, demean, or humiliate other constitutions.  To hurl such accusations so casually demeans this institution.

The Supreme Court wrote in its California Proposition 8 ruling that the private group bringing the case to the Court had no standing to do so, even though this is the group that was instrumental in getting Proposition 8 onto the ballot and passed in the first place.  Only State Government officials had standing to defend the proposition in court, and they had refused to mount a defense.

The Court thereby ruled that the people have no standing to defend their own voice, only the State can (not just may) do this.  The Court has thereby ruled that the people no longer are sovereign; Government is sovereign.

This is a disgusting Court, and Chief Justice Roberts and Justice Scalia are justified in their seeming embarrassment.

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