Category Archives: Constitution

SCOTUS, DOMA and Prop 8

I won’t go into all the details of the rulings today.  I believe they are a nod to federalism; overturning DOMA but sending Prop 8 back to the state (unfortunately for the voters of California, the 9th Circuit Court overturned their will) but there are some questions.

Allahpundit at Hot Air asks a good one here.

According to my husband, there is a lot of doom and gloom in the Catholic/Christian blogosphere and concern (not entirely unjustified) about what this means for religious liberty in the United States.

This fight is not over.  The ruling did not explicitly create a right to gay marriage and it did not overturn laws prohibiting gay marriage in states where such laws are on the books (like Wisconsin).  If you look at the demographics of Prop 8 you’ll note that it got something like 52% of the vote in California and Obama carried that state with 61% of the vote.  These are not, contrary to what liberals tell you, votes passed by bigoted blue haired lily white octogenarians carrying Bibles and Rosary beads.  People who voted Democratic (and Obama won Wisconsin, too) in past elections voted for the traditional definition of marriage.

I do not believe it’s a lost cause.

But the first thing that should be done now is that Republicans in state legislatures across the country should pass clear and concise laws protecting freedom of speech, religious conscience and the First Amendment.  They should make it explicitly clear that no church, group, or individual will be forced to acknowledge or otherwise partake in a gay marriage — including florists, bakers, photographers, hall owners, etc.

Let’s send a very clear message: if you’ve the right to marry, we’ve the right to politely decline being forced to approve your union in any way, shape or form.  It’s called equal protection under the First Amendment.

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