Fearing No Shots Across The Bow


It is very likely that in the next week, either on Monday or Thursday, the SCOTUS will release two important decisions relating to marriage equality in this country.  We are facing many crises of freedom right now, from Orwellian privacy invasion of individuals, to infringements on the press freedoms we like to believe exist in this country, to killing of American citizens without trial (or even charges), and so on, but much of America simply doesn’t care about those issues.

Marriage equality though, it seems some people still care about.  Enough that 30 states took the extraordinary steps over the last few years to actually prohibit same-gender marriages, and another 7 prohibit them by law.  Additionally, of course, we still have the “Defense of Marriage Act” on the books at the federal level.

I have written about this before, and I am not going to get deeply into the reasoning here.  (Cliff notes version: There is no moral or constitutional justification to deny a marriage to any consenting adult to any other consenting adult.  No religious authority should be required to give their sanction to it, but that is an entirely separate matter.)

What is of interest right now is that the right is, again, mouthing off about how they are above the law.  As is so often the case, they’re already screaming that no matter what the decision from the Supreme Court, they’re not going to be bound by it, unless they like it.

Now, let’s stop for a moment, because to a small degree, they have a fair point.  That is how a democracy, or even a representative republic, which we are supposed to be, is theoretically supposed to work.  If we do not like the laws, then we can work to change them.  So, that part would be reasonable.  However, what they’re saying is not, “If the decision is against us, then we must change the law.” which is essentially what many said following the ridiculous Citizens United decision.  (Not that it has led to a successful change, but that is still what many are saying today.)  No, what they are saying is quite flatly,

As Christians united together in defense of marriage, we pray that this will not happen. But, make no mistake about our resolve. While there are many things we can endure, redefining marriage is so fundamental to the natural order and the true common good that this is the line we must draw and one we cannot and will not cross.

As I, and many others, are reading this, it is both a veiled threat of the kind that is common from the right, that alludes to a revolution, and a statement that “we” will not enforce your ruling.  It is true, as they point out in their letter, that the courts have no enforcement mechanism, but instead must rely on the executive branch for that.  If they are more than just talk this time around, we may be forced into a situation where we find out if more people are in support of what is right and the rule of law, which in this case are the same thing, or in support of hate and bigotry.

The rest of the letter is the same standard tripe that these people have been trotting out over and over again.  It lacks any more merit this time around than it had the last half a million times that it was paraded around.  It is full of fallacies and bigotry.  Half-truths and bald-faced lies.

I suspect that as with most utterances from the right, it is a lot of hot air.  They talk a lot and have almost no spine to actually back it up.  Except that lately, they seem to be starting to feast on themselves.  We will see what the SCOTUS rules, and then we will proceed from there.  Because yes, no matter how they rule, this issue will not be over.  I know that, and everyone should.  If the SCOTUS rules correctly in favor of equality, then the right will be weeping and wailing and gnashing their teeth and then trying to find ways to overturn it.  If they do not, then the equal rights movement will continue to fight for ways to fix that error.  The Dred Scott decision had to be reversed, and it took time.  I hope this is not a similar situation, but if it is, we will eventually do it.

Because that is what is right and good.

This may well end up like Roe v Wade, though.  Producing another cause for the right to protest for the next half-century.  We may wind up with picket lines at weddings, and counter protestors in front of churches to protect the wedding party.  And, sadly, I wouldn’t put it past a few extremists on the right to start killing ministers and pastors performing weddings, because that is what history has shown us the right wing in this country is capable of producing, despite the vast majority of them being a bunch of blow-hards with no real intellects.  We already have too many in the LGBQT community that are suffering violence for no reason other than who they are, or more accurately, the insecurity and bigotry of who others are.

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About Just Torch

Author of the SCIAMAGE column a space devoted to American political and social commentary and analysis. It is unabashedly liberal, but makes every effort to present clear, verifiable facts and sound reasoning. It also makes a commitment to clearly distinguish between facts and opinions. View all posts by Just Torch

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