Justice Anthony Kennedy was the swing vote and wrote the opinion in which the United States Supreme Court on Friday found a right to same sex marriage in the U.S. Constitution. Kennedy said this was a right that always existed it’s just that nobody had noticed it before. Since the Constitution says nothing about marriage at all, I wonder if that might explain why nobody noticed this just-discovered fundamental Constitutional right of gays to marry.
What if Justice Kennedy had ruled that the Constitution prohibits gay marriage? That would have been outrageous, as probably all would agree. So isn’t it just as outrageous to find that the Constitution creates a right to gay marriage?
The truth is that the Constitution is silent with regard to marriage, which has always been a matter of state law. To assert that the Constitution mandates gay marriage is as outrageous as to assert that it prohibits gay marriage. It does neither.
The U.S. Supreme Court once ruled, in the Dred Scott case, that there is a fundamental Constitutional right to own slaves. It’s right there in the Constitution, don’t you see it?
The “Supreme” Court is not so supreme a lot of the time. A lot of the time it’s little more than some old geezers in black robes acting silly, with real cultural consequences for millions of other people who were just minding their own business, bothering no one.