Monday, July 13, 2015

Dr. C.H.E. Sadaphal ― The End of Liberty, Freedom & Democracy in the name of Gay Marriage

The black Libertarian and board-certified physician reflects on the recent SCOTUS ruling on gay marriage and its ramifications for law and society:

He writes:  "A cataclysmic and hidden danger, however, lurks behind the Supreme Court’s decision on gay marriage—a danger that transcends religious considerations and threatens democracy, freedom, and liberty. This danger is the power of the federal government to overreach and enact its unrestrained will in defiance of the Constitution and to assume authoritarian power by judicial oversight.

In writing the majority opinion, Justice Anthony Kennedy voices the idea of the creation of a new “right.” He says,

“The Court, in this decision, holds same-sex couples may exercise the fundamental right to marry in all States. It follows that the Court also must hold—and it now does hold—that there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.”

He continues his commentary:  The Constitution is the blueprint that guides the operation of the American government. If we ignore the Constitution, then indeed, words have no meaning and we reject the cornerstone of our democracy—in fact, democracy is dead. The Constitution is a political document and not a moral one. Even when the Constitution does lightly touch upon matters of morality, it is grounded in political affairs (e.g., treason, piracy, and counterfeiting). Hence, the Constitution does not mention marriage just as it does not mention adultery, selling drugs, Christianity, theft, righteousness, murder, humility, or lying. The same principle applies to the Bill of Rights—the first ten amendments to the Constitution—which prescribes certain political rights (e.g., free speech and religion, bearing arms, protection against unreasonable search and seizure, speedy trial) but makes no moral judgment on those rights. The Constitution, and therefore the federal government, does not permit an opinion on morality, nor does it allow a voice on marriage in general—the Constitution is totally silent on the issue of marriage."

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