Friday, October 10, 2014

Roe vs. Wade All Over Again?

In light of the recent Supreme Court decision not to take up federal appeals court decisions overturning state laws defining marriage as between a man and a woman, it is suggested here that the proper response is twofold:

1. States should start passing robust religious protection laws. We have already seen religious protections being chipped away.  See for instance my discussion here and here.
2. State governors and other individuals should begin exercising civil disobedience.

I would add a third and fourth:
3. People should read the Constitution for themselves.  It was written for the people, not for lawyers.  And there is clearly no right of gay "marriage" therein.
4. Make the case for federalism again and again.  In an increasingly polarized nation, federalism may be the only way of maintaining a semblance of unity among diversity.

It could well, be, however, that if and when an appeals court rules in the other direction, the Supreme Court will have to take up the issue.  And instead of yanking the CHOICE away from the states, they'll do the right thing and INTERPRET the Constitution.

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