Mind if I ask a question seeing as you are a lawyer.
Is our side not arguing the case marriage is not a Constitutional right or even pointing out homosexuals have the same rights to marriage as us?
Do other lawyers feel the same way today as you pointed out?
Are Lawyers now stating there is no 10th amendment?
Sorry for the questions but you know more about legal issues than I.
“Is our side not arguing the case marriage is not a Constitutional right or even pointing out homosexuals have the same rights to marriage as us?”
I’m not a lawyer, but I believe that they HAVE decided marriage is a fundamental right. On a couple of occasions.
Of course, that particular incarnation of the Supreme Court couldn’t have foreseen where it would take us.
Here’s what I’m seeing.
Most serious lawyers who are honest actually agree that there is no Constitutional right to “gay marriage”, and that it is a field of law that is properly left to the state’s.
The problem (in part) is that most serious people are increasingly not interested in public office or even joining the discussion because of the futility of it all. I certainly sympathize with that view.
So what we are left with is purely politicall driven judges and socialites that rule with little opposition.
Also note, I don’t think improved arguments or positions before the stacked judges would make any difference.
These judges get away with this because they know most office holders are content and won’t take any meaningful risk to oppose them.
I firmly believe this is a fight worth waging, and let the chips fall where they may. We don’t have a chance if we don’t try.
Courts hate to make rulings that won’t or can’t be enforced.
If I were a judge there’s no way I’d perform a “gay marriage” of any kind. I wouldn’t resign either.
There are just some prices too high to pay for peace.