The Constitution places some constraints on self-rule—constraints adopted by the People themselves when they ratified the Constitution and its Amendments. But what really astounds is the hubris reflected in today’s judicial Putsch. 203 0 obj

Justice Antonin Scalia and Justice Clarence Thomas joined in the dissent.

. 0000001891 00000 n Instead, this issue should be decided by individual state legislatures based on the will of their electorates. . 199 0 obj . . <> 0000001924 00000 n In Obergefell v. Hodges (2015), the United States Supreme Court ruled that marriage is a fundamental right guaranteed by the Fourteenth Amendment, and therefore must be afforded to same-sex couples.The ruling ensured that statewide bans on … 0000000016 00000 n By allowing a majority of the Court to create a new right, the majority opinion dangerously strayed from the democratic process and greatly expanded the power of the judiciary beyond what the Constitution allows.

Of course the opinion’s showy profundities are often profoundly incoherent. <>stream 0000003572 00000 n

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"But what really astounds is the hubris reflected in today’s judicial Putsch.

0000002547 00000 n

And if intimacy is, one would think Freedom of Intimacy is abridged rather than expanded by marriage.

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Using Technology to Educate and Catechize. endobj New history of the Eastern Orthodox Church is often superb, sometimes lacking – On God's Payroll: […] November 12, 2020 Dr. Adam A. J. DeVille Books 0Print […], As a former Catholic school teacher and parent of children who went to Catholic schools, I was uplifted in my…, “Essential excerpts from ‘Obergefell v. Hodges’: Majority Opinion”, “Essential excerpts from ‘Obergefell v. Hodges’: Dissenting opinion by Chief Justice Roberts”, Myths that Led to Recognition of Same-Sex Marriage in the United States, Part 1 – Word Foundations, Myths that Led to Recognition of Same-Sex Marriage in the United States, Part 1 - Word Foundations, New history of the Eastern Orthodox Church is often superb, sometimes lacking, The McCarrick Report and the need for new protocols (Part 1), Divorce expert: Infidelity is the “catalyst” for 50-70% divorces today.

The law can recognize as marriage whatever sexual attachments and living arrangements it wishes, and can accord them favorable civil consequences, from tax treatment to rights of inheritance.

0000002248 00000 n The Constitution and judicial precedent clearly protect a right to marry and require states to apply laws regarding marriage equally, but the Court cannot overstep its bounds and engage in judicial policymaking.

The Fourteenth Amendment requires both marriage licensing and recognition for same-sex couples.
Yes, yes.

endobj ��]I��f�N�W��,P�����u����L������v_�}�v���O��:z���o���$�� 196 0 obj The Court also held that the First Amendment protects the rights of religious organizations to adhere to their principles, but it does not allow states to deny same-sex couples the right to marry on the same terms as those for opposite-sex couples. Justice Thomas also argued that the majority opinion impermissibly infringed on religious freedom by legislating from the bench rather than allowing the state legislature to determine how best to address the competing rights and interests at stake. endobj Dissenting Opinion (Alito): Because the Constitution does not address the right to marry, it left that determination to the states.

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08/11/2020; ... Other cases confirm this relation between liberty and equality.

endobj Opinion Announcement - June 26, 2015 (Part 1), Opinion Announcement - June 26, 2015 (Part 2), United States District Court for the Southern District of Ohio, Western Division. In interview with Raymond Arroyo, Viganò denies accusations from McCarrick Report, Revisionist book on Edward the Confessor avoids subject’s sanctity, New graduate program for Catholic school administrators, ‘We need to look this evil in the eye’ – Clergy abuse survivors respond to McCarrick Report, “The Boomer” column, written for Fox Business News by Casey Dowd, recently had an interview with Karen Stewart, a divorce and relationship expert and founder and CEO of Fairway Divorce Solutions.

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It stands for nothing whatever, except those freedoms and entitlements that this Court really likes. . Many more decided not to. The U.S. Court of Appeals for the Sixth Circuit reversed and held that the states' bans on same-sex marriage and refusal to recognize marriages performed in other states did not violate the couples' Fourteenth Amendment rights to equal protection and due process. 0000003791 00000 n The Equal Protection Clause of the Fourteenth Amendment also guarantees the right of same-sex couples to marry as the denial of that right would deny same-sex couples equal protection under the law. I write separately to call attention to this Court’s threat to American democracy. endobj Who ever thought that intimacy and spirituality [whatever that means] were freedoms? Click here for more information on donating to CWR.

JUSTICE SCALIA, with whom JUSTICE THOMAS joins, dissenting.

The precedents regarding the right to marry only strike down unconstitutional limitations on marriage as it has been traditionally defined and government intrusions, and therefore there is no precedential support for making a state alter its definition of marriage. <>/Border[0 0 0]/Contents(�� C U N Y \n A c a d e m i c W o r k s)/Rect[72.0 650.625 237.6562 669.375]/StructParent 1/Subtype/Link/Type/Annot>> .

As well, three of those cases were handed down on June 26—Lawrence on 6/26/03; Windsor on 6/26/13; Obergefell on 6/26/15).

Ask the nearest hippie.
The opinion is couched in a style that is as pretentious as its content is egotistic. When it comes to determining the meaning of a vague constitutional provision—such as “due process of law” or “equal protection of the laws”—it is unquestionable that the People who ratified that provision did not understand it to prohibit a practice that remained both universal and uncontroversial in the years after ratification.12 We have no basis for striking down a practice that is not expressly prohibited by the Fourteenth Amendment’s text, and that bears the endorsement of a long tradition of open, widespread, and unchallenged use dating back to the Amendment’s ratification.

endobj Essential excerpts from “Obergefell v. Hodges”: Dissenting opinion by Justice Scalia "But what really astounds is the hubris reflected in today’s judicial Putsch. �*���v�%��4�Y�L1F��L`�� #B� ���k�b ��"� ��10� S0i�f�b��p�a-�5�)�]�X�#��%��1~cZ���U�T����I�f&�;�b��j��3�7�dJflr)g8 K"e���@�R��jV�< m�� ���Xޞ^ ��nV�. Not a single Southwesterner or even, to tell the truth, a genuine Westerner (California does not count). <> While presiding, Barrett authored 79 majority opinions, four concurring opinions, and six dissenting opinions. .

. <> endobj

The electorates of 11 States, either directly or through their representatives, chose to expand the traditional definition of marriage. 0000001709 00000 n