The Supreme Court of the United States just issued its long-awaited ruling on the gay marriage cases pending before it. In a stunning decision that surprised constitutional law scholars on both sides of the aisle, the Supreme Court struck down marriage as unconstitutional.
In a 5-4 decision authored by Justice Scalia, the high court ruled all marriage laws violate the Constitution. “Nowhere in the Constitution is marriage mentioned.” Scalia’s opinion stated. “As a strict constructionist, if it isn’t in the Constitution, the government has no business regulating it.”
“Our founding fathers knew about marriage, and if they wanted to include marriage in the Constitution, they would have. But the Constitution is silent on the issue. One searches in vain through the Federalist Papers and other correspondence written between the founding fathers for any mention of marriage as a Constitutional right.”
“On the other hand, the pecadillos of Ben Franklin are well-known. And that Thomas Jefferson fathered out-of-wedlock children is indisputable.”
“But the case was made, and the point well taken, that marriage is a sacred institution, ordained by God. That being said, the First Amendment compels but one decision, and one decision only. All laws respecting the institution of marriage impermissibly impinge on the First Amendment’s “wall of separation” between church and state.”
“While prohibiting some people from getting married based solely on their gender may be violative of the 14th Amendment’s equal protection mandates, we do not reach that decision today. For today we must reach a different conclusion. And that conclusion is that all laws respecting the sacred institution of marriage are unconstitutional and are hereby declared null and void.”
Justice Thomas concurred, writing, “What he said.”
THIS IS OUR OPEN THREAD, AND WILL REMAIN SO, UNTIL DEATH DO US PART