Michael Kubacki

GAY MARRIAGE IN THE SUPREME COURT


Gay marriage is in the Supreme Court today, and I have only one prediction regarding their decision: regardless of what they decide on Prop 8, there is no chance they will decide that same sex marriage is protected by the US Constitution and must be permitted across the land.


In order to do so, Ruth Bader Ginsburg would have to support that view (otherwise the votes would not be there).  She will not.  Over the years, she has made it clear she believes that big political/moral issues should be settled by the democratic process, and not by the Court.  She has described Roe v. Wade as a "mistake" for this reason, though one can assume her personal view is pro-choice on the issue of abortion.


Back in the Pleistocene Era, my criminal law professor at the University of Michigan, Yale Kamisar, made this same argument.  The big moral issues (capital punishment, abortion, etc.) are not addressed by the Constitution, and pretending they are undermines the rule of law.  These are political issues and must be decided by the people, either nationally or state-by-state.  Supreme Court justices have no law to apply on these questions so all they can bring to the table are their personal prejudices.


Or, as Mark Steyn asked today: "Why not ask Punxsutawny Phil?"



Copyright2013MichaelKubacki