Why Not Overturn Obergefell?

American Greatness ^ | July 4, 2022 | Matthew Boose

[redfog]

Obergefell, like Roe, was a particularly arbitrary, extreme, and unjust imposition on the people. Like Roe, it had no basis in the Constitution’s text or American custom. It was simply dreamed up by a group of unelected judges who decided the time had come for them to impose a radically new understanding of the most fundamental institution of human society.

Like Roe, Obergefell took away from the people the power to decide the most basic moral questions and daily life in their communities. As Justice Scalia put it at the time, the Court was violating “a principle even more fundamental than no taxation without representation: no social transformation without representation.”

[T Ruth]

Interestingly, there is a thread running on FR at the same time about how the Communists promoted homosexuality in order to destroy the family.

How sexual revolution exploded (and imploded) across 1920s Russia

[Political Junkie Too]

As I suggested in my post #58, I doubt that SCOTUS would overturn a ruling on the basis of a single baker or florist who was specifically targeted for harassment by gay activists who could have simply gone to a different baker or florist. The harm was negligible (more criminal than civil), and the response (overturning gay marriage) would be a sledgehammer approach to a flyswatter problem.

That said, a church, synagogue, or mosque that sued on the grounds that performing a gay marriage violated their 1st amendment "free exercise" of their religion would have the appropriate Constitutional standing. Societally, however, I can't see such a religious group withstanding the extremist activist outcry and targeting by making such a challenge.

-PJ

[Jim Noble]

Yes, “traditional marriage” (which I would restore if I could) is enormously unpopular.

Traditional marriage means no divorce, sexual exclusivity (adultery is a crime), no child support for bastards.

Since what we have now is “gay marriage for straight people”, I almost have to concede the discrimination point.

[scrabblehack]

I think it would require a legislative body to pass a law.
A county clerk refusing to sign a marriage certificate might work.

[DiogenesLamp]

If same sex marriage were overturned, then the proponents of homosexual marriage would then make the case for that legal status, state by state. Some states would allow same sex marriage. Some would not.

The Trouble here is that the Constitution requires that other states recognize things like "marriages" from other states.

It's all or nothing.

[DiogenesLamp]

Good luck demonstrating "standing". It's the same problem as suing to enforce elections laws. Leftist judges deny anyone has "standing" to bring a case.

Many courts are just lying sacks of sh*t, and it's long past time we started treating courts with disrespect. They are garbage, and most conservatives know that the courts are garbage.

Liars, dirtbags and idiots. That's what many of the courts are nowadays.

[DoodleDawg]

And you pinged me to this because...? I already know how much you hate the judiciary. Very Confederate of you.

[Manly Warrior]

Not that I don’t agree, but, replace gay man with “woman”. Who then marries a straight man and you have to cover hubby, are you going to claim injury?

I think it has to be more about not the fedgov business is more and more

[DiogenesLamp]

Religious reasons. Any county clerk can say that issuing a license under their signature violates their religious beliefs. Where is Kim Davis when you need her?

After the gaystapo has persecuted so many people, it is possible that it may be difficult to find people brave enough to stand up to them nowadays.

And again, thanks to the lying, sacks of sh*t courts.

[DiogenesLamp]

Regarding the Judiciary as garbage is a pretty common conservative trait, and has been since we started noticing how they will LIE, such as in Roe v Wade.

Obergefell is just another crap decision from liars.

[Boogieman]

“are you going to claim injury?”

Not under Obergefell, since Obergefell didn’t cause that.