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Why Justice Kennedy's Gay Marriage Opinion Is a Bigger Liberal Victory Than You Think
Mother Jones ^ | June 26 2015 | Pema Levy

Posted on 06/28/2015 7:31:32 PM PDT by WilliamIII

The LGBT community and its allies won big on Friday. In legalizing same-sex marriage nationwide, Supreme Court Justice Anthony Kennedy's soaring majority opinion ruled that the Fourteenth Amendment to the Constitution gives gay and lesbian couples the same right to marry that opposite-sex couples have. But that wasn't all Kennedy did.

The justice issued a ringing endorsement of a "living Constitution," the idea, championed by liberals today, that the Constitution evolves over time along with technology and society. On the other side of the spectrum are "originalists." To proponents of originalism, notably Justice Antonin Scalia, constitutional interpretation should be based on the intent of the framers of the document.

In Obergefell v. Hodges, Kennedy and the four liberal justices who joined his opinion went all in on the idea of a living Constitution.

(Excerpt) Read more at motherjones.com ...


TOPICS: Culture/Society
KEYWORDS: homosexualagenda; ssm
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1 posted on 06/28/2015 7:31:32 PM PDT by WilliamIII
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To: WilliamIII

A Pyrrhic victory


2 posted on 06/28/2015 7:33:55 PM PDT by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
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To: WilliamIII

Those idiot communists at Mother Jones don’t realize that Kennedy opened Pandora’s Box for them.


3 posted on 06/28/2015 7:38:08 PM PDT by LegendHasIt
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To: WilliamIII

SECESSION

...is the only answer.

4 posted on 06/28/2015 7:38:16 PM PDT by Gay State Conservative (Feelings Are Today's Truth,Truth Is Today's Blasphemy)
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To: WilliamIII

I’m not going to give Mother Jones any hits. So if someone can summarize, I’d appreciate it. Thanks in advance!


5 posted on 06/28/2015 7:38:44 PM PDT by ConjunctionJunction
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To: Ray76

I think I know what you mean, but this was hardly a Pyrrhic for liberals, more like a rout, with all the casualties on our side.


6 posted on 06/28/2015 7:39:08 PM PDT by Wayne07
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To: LegendHasIt

It is what they wanted. The complete perversion of what is holy and good.


7 posted on 06/28/2015 7:41:08 PM PDT by Blood of Tyrants (A free society cannot let the parameters of its speech be set by murderous Islamists.)
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To: WilliamIII
Living Constitution = Newspeak...the law is written.in words .. but the words are all fluid in meaning.....2+ 2=5 if we wish today and will.= 3 tomorrow if we wish
8 posted on 06/28/2015 7:41:30 PM PDT by tophat9000 (SCOTUS=Newspeak)
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To: WilliamIII

Ya know what?

I’ll bet the NEXT President ends up finding a pen and phone, too.

Know what I mean?


9 posted on 06/28/2015 7:46:50 PM PDT by gaijin
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To: MrShoop

Turn off the TV and talk with those around you.


10 posted on 06/28/2015 7:46:57 PM PDT by Ray76 (Obama says, "Unlike my mum, Ruth has all the documents needed to prove who Mark's father was.")
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To: WilliamIII

Living Constitution and who interprets it and a problem I think is probably a good number of Ivy league elites deciding.


11 posted on 06/28/2015 7:49:07 PM PDT by BeadCounter
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To: Gay State Conservative
SECESSION ...is the only answer.

May be.

12 posted on 06/28/2015 7:50:11 PM PDT by backwoods-engineer (Blog: www.BackwoodsEngineer.com)
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To: WilliamIII

Doesn’t anyone realize that absent the “intent of the framers” the document is worthless?


13 posted on 06/28/2015 7:50:31 PM PDT by JimSEA
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To: WilliamIII

After you finally hash out an ironclad contract with the most powerful force on earth, the last thing you want to hear him say as he is putting the pen away and putting the contract in his beriefcase, is, “of course you know that your contract is a living, breathing contract, and we will unilaterally decide how to modify it to our changing needs, as we determine them to be”.


14 posted on 06/28/2015 7:54:01 PM PDT by ansel12 (libertarians have always been for gay marriage and polygamy, gay Scout leaders, gay military.)
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To: Gay State Conservative

OK, so how would secession work?

Maybe we could all move to Texas.


15 posted on 06/28/2015 7:55:33 PM PDT by garjog (Obama: bringing joy to the hearts of Terrorists everywhere.)
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To: Ray76

How so? Even though this Sup Court is falsely labeled as a conservative one, it is sadly the most conservative we are ever likely to have again.

Hillary will likely be the next President, and the GOP will likely lose the Senate. Past that, mass immigration driven demographic changes are making a conservative victory in the electoral college less and less likely. So it will likely be a democrat replacing Scalia and Kennedy within the next 10 years. Then the Sup Court is lost forever pretty much, and they will invent all sorts of new rights that the left desires, and they’ll gut real constitutional rights like those found in the First and Second Amendments.

Even now there isn’t much hope. Kennedy is getting progressively (no pun intended) worse. Lost amid the high profile marriage and obamacare cases was another where Kenedy cast the deciding vote to uphold the use of disparate impact in Housing cases. This suggests that the reason the High Court didn’t take the opportunity presented by the Fisher case in Texas to strike down racial preferences is that Kennedy has changed his mind on this and moved left. Otherwise, with all else being equal, there should be five votes to strike down preferences.

I think it would be foolish to expect any good ruling from Kennedy going forward, including support for the Second Amendment where he has been good up to now.


16 posted on 06/28/2015 7:56:54 PM PDT by Aetius
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To: WilliamIII
"The nature of injustice is that we may not always see it in our own times," Kennedy wrote. "The generations that wrote and ratified the Bill of Rights and the Fourteenth Amendment did not presume to know the extent of freedom in all of its dimensions, and so they entrusted to future generations a charter protecting the right of all persons to enjoy liberty as we learn its meaning.…The Court, like many institutions, has made assumptions defined by the world and time of which it is a part."

Yup, when I read through the full decision on Friday morning, this passage jumped out at me as perhaps the most important (and certainly the most dangerous) paragraph in the entire opinion.

17 posted on 06/28/2015 8:05:23 PM PDT by Conscience of a Conservative
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To: Ray76

Ya, but that’s not what Pyrrhic victory means. It refers to the cost of victory. In this case, liberal cost was nothing, we did half the fighting against ourselves with Kennedy and Souter.


18 posted on 06/28/2015 8:05:58 PM PDT by Wayne07
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To: WilliamIII
My new friend, Scott Davis, posted his today. I couldn't have said it better:

I'm not by any means a disrespectful or hateful person, I accept everyone's right to live as they choose free from harm or violence, but if I see one more LGBT flag I may very well burn it. Not only does it symbolize everything I innately detest, the applauded rejection of reason and God's grace, but my own children are incessantly subjected to its immoral and destructive creed; especially when nearly every corporation, network or artist is pandering to make a buck off the complete subversion of our most fundamental values. If you need a blasphemous rainbow of cascading colors to proclaim your sexuality, as if it's a career aspiration or a sovereign state unto itself - even going as far to mock the sacrifices of our fallen heroes by using half-naked gay men to recreate the iconic Iwo Jima photo raising the American flag - that's where I draw the line of civility. The left is so deluded with its anti-American, anti-Christian agenda that the very tenets of right and wrong, dignity and disgrace, have morphed into a congratulatory orgy of proud irreverence and indifference to America's ideological fall. When 3% of the population gives the sordid illusion of capturing the moral high ground, the symbolic soul of a nation's most sacred institution and spiritual cornerstone, my tolerance ends where my religious freedom, the country I love, ceased to exist: at the border of their newfound fascist state.

19 posted on 06/28/2015 8:08:08 PM PDT by Hildy
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To: Ray76

+1


20 posted on 06/28/2015 8:09:16 PM PDT by Ouchthatonehurt ("When you're going through hell, keep going." - Sir Winston Churchill)
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