The entire thing has had me wondering ever since, when people who should be capable of learning better (i.e, not surrounded solely by bigots that prevent them re-considering/speaking up) are homophic, transphobic, racist, etc, what is going on inside their head? Have they just never given it thought? Like, what does a rational argument against homosexuality look like? I have always been forced to conclude that bigotry is irrational on the level of full-on delusion.
They believe in freedom, for them to restrict everyone else’s freedom. Of course that’s not freedom or libertarian or anything of the sort.
Even the political nature of the religious right isn’t about helping god’s children, it’s more about hating them and revoking any help they can get…
Steven Pinker does a good demonstration: he takes a brand new comb out of a package and stirs a glass of water with it, then offers it to you to drink. You know beyond a shadow of a doubt that there is nothing wrong with the water. And yet a fair number of people won't do it, and those who do will still feel just a little weird about it.
That's extremely low stakes. The higher the stakes, the harder it will be to overcome it.
Clearly, you did, and others have as well. But for many others, the constant reinforcement of their prejudices means that they simply won't reconsider their premises. As far as they're concerned, these are basic facts that are confirmed for them every day. The only people who tell you otherwise are disgusting and dirty.
But you see similar themes in most anti-equality movements, just generally a bit more veiled (I was kind of astonished how _blatant_ the opponents of equal marriage were about basically admitting "we object to this because it is an attack on how society considers us to be better than you").
A quick search says the court accepts approximately a percent of those.
And AIUI they usually prefer cases where the lower courts disagree with eachother, which I don't think this one is. And it sounds like every court she's been through on the way up has unanimously shot her down.
I rather suspect this should be taken about as seriously as your local sovereign citizen trying to have income taxes declared illegal.
It won't ever square in my mind that a Supreme Court would be divided into political affiliations, even less when there's only 2 parties to represent the political views of 300+ million people.
But it introduces a fairly obvious winning tactic: devote 100% of your effort to dominating that specific branch, and then you control all future decisions by the others. If you keep an eye on the bottom line, you make just enough allies to control the Court membership. Do that long enough and then 49% of the population simply don't matter any more. Their votes might as well not exist.
That's why you get two parties: each is threatening to do that to the other. Anybody who isn't part of one or the other is already completely irrelevant. Somebody has a majority and they make the rules, forever. It's a 51% attack.
All I can say in its favor is that it seemed like a sufficiently good idea at the time. The failure modes were pretty obvious, but they counted on a majority of people not being willing to completely eliminate the power of the rest. Turns out that was wrong.
Good luck to all the tech companies that have offices in red states if it comes to pass.
Meaning, if this court was willing to overturn Roe on those grounds, they could easily overtune Obergefel.
Its a matter of if they have the political will. Which, the answer should theoretically be yes - the supreme Court doesn't care about politics. But this court isn't like other courts, so it might be no. Overturning Obergefel would be very politically unpopular for virtually no gain, even for the Republicans. So, personally, I doubt it's going to happen.
It's also pretty important to point out here that things are only for the states to decide in so far as you guys haven't made an amendment to make that right part of the constitution. The whole point of this is you can't make up rights that aren't there as the supreme court, you aren't the legislative body. If you want more/different rights there is an amending process to change the constitution and then the supreme court will be bound to uphold your changes as well.
Also, why do I know more about your constitution and governing structure than you appear to? I'm not American, I just appreciate how straightforwardly you guys recognize government will always screw you over and needs to be agressively restrained. I just wish you had realized it was all large organizations and more effectively applied your restrictions to corporations as well.
Do you? All you have said here is that you think that the equal protection clause forbidding segregation is more sound than the substantive due process clause forbidding criminalization of abortion. That's not a statement about governing structure. That's a statement about your interpretation of the text. I (and many others) don't think that finding a right to abortion in the text is so difficult.
It is ludicrous to point at an originalist interpretation to justify Brown. It is plainly obvious that the authors of the 14th did not intend it to forbid segregation nor would the public have interpreted it to do so at the time. Yes, there is a cottage industry of law professors seeking to square this circle but it is a ridiculous project. If you insist on originalism being the sole interpretive model of the constitution (which I disagree with) then you don't get to so easily say "well obviously Brown was correct."
If we just let them do whatever, WE pay. I pay. That's not free. They're not sovereign states, they're still part of the union. And that means my hard earned money has to go to making sure fucked up states don't completely shit the bed. Ultimately some place like Louisiana shouldn't even exist. But it does, because we fund their existence through welfare.
I don't want to make millions of Americans lives more shit for some ideological cause that I don't even know makes sense.
Okay, we should leave it to the states. Why? Why should we do that? Because someone 200 years ago said so in the federalist papers? Is that good enough to make life shit for millions of people with absolutely no economic gain?
Also, elephant in the room: this court is not made up of textualists. That's just what they tell you so that what they do sounds justified.
If the other half of your argument is 'people will eventually get angry enough to demand change' then you're essentially arguing for another civil war to break out to resolve these issues and I don't think you'd like how that outcome ends.
You've also misunderstood this supreme court. It has swung towards giving a great deal of care about originalism with the argument they should not be making law, the legislators should change the constitution via the legislative pathway if they want change and it is the job of the supreme court to uphold the constitution as written/intended. That context makes it even more likely they were going to overturn abortion because in an originalist context the support for what was done in Roe V Wade is zero. The current judges will die and be replaced and if you want them replaced with people who care less about originalism then you need to adjust your political platform to ensure you can be in power often enough to swing some of those seats. In this regard the system is working perfectly.
Kim Davis has been married four times to three men [1][2].
She had twins in 1994, five months after divorcing her first husband, with the biological father being the man who later became her third husband, which seems to point to an affair during the marriage [1][3][2].
If this is about upholding Christian convictions, her own history doesn’t exactly model them.
[1] https://www.usnews.com/news/articles/2015/09/01/kentucky-cle...
[2] https://www.cbsnews.com/news/kentucky-clerk-same-sex-marriag...
[3] https://people.com/celebrity/kim-davis-married-four-times-re...
Power doesn't corrupt, it reveals. -- Robert Caro
https://apnews.com/general-news-political-news-9426bc09f958a... https://www.dailymail.co.uk/news/article-8463949/Neil-Fergus... https://en.wikipedia.org/wiki/Partygate
duxup•5mo ago
I do not see how her personal objection should have any impact to other people’s lives. She is issuing marriage licenses and FOR the state, not her personal endorsement.
I sure didn’t care about or even know who issued my marriage license and it sure wasn’t their job to pass judgment.
If allowed couldn’t just anyone take state jobs and claim “religious objection, I won’t do it, all you citizens can’t have whatever it is I do”?
Just absurd.
darth_avocado•5mo ago
It really is that simple.
treetalker•5mo ago
beepbopboopp•5mo ago
It seems they think coming after this group with impunity like they have the poor and some other specific minorities is going to work out with little consequence or true backlash. Id bet this group serves more third rail than they are anticpating.
bdhe•5mo ago
treetalker•5mo ago
ryandvm•5mo ago
Gud•5mo ago
bdhe•5mo ago
What's worse - Kim Davis's personal life doesn't read like someone who "respects traditional marriage". From wikipedia:
> Davis has been married four times to three husbands. The first three marriages ended in divorce in 1994, 2006, and 2008. Davis has two daughters from her first marriage and twins, a son and another daughter, who were born five months after her divorce from her first husband. Her third husband is the biological father of the twins, the children being conceived while Davis was still married to her first husband.
This is a concerted effort to test what the new SCOTUS is going to grant the new "in group" in this country in terms of laws that bind the "out group" which in this case is the gay community.
const_cast•5mo ago
Which, by the way, is one reason why moral arguments are stupid and we should stop making them. If you're making moral arguments on a particular subject it's trivial to destroy your argument but just questioning your own personal morality.
We should be making concrete arguments.
jsbisviewtiful•5mo ago
rsynnott•5mo ago