People who are fined for not making wedding cakes for homosexual couples are not being compelled? Their free "choice" is to get out of the business altogether. This is what we call freedom now. Who are you kidding?
That's a choice every business owner and public employee makes. If they're going to open a business or serve as a public employee, they have to be prepared to abide by the law and serve the public.
Does that surprise you?
The services we were talking about were not life and death matters. They were not even essential and could be obtained elsewhere.
"They can go somewhere else" has been tried in courts and rejected.
No, i just seems to me that when you bring the word "minority" into the discussion that it automatically is given weight as if it meant something.
It's just a fact that gays are a minority.
The question is not about what I would or would not do.
It should be. If you think gay marriage is wrong, then don't get gay married. But why do you think your beliefs should dictate the freedoms of others?
Some Christians think marrying outside of one's race is wrong. So to them we say "Then don't marry outside your race, but your beliefs don't limit my freedom to marry who I wish". The same sentiment applies to you.
We all hopefully try to think about what is the long term good of society not just ourselves. I think it was a horribly bad idea and will lead us into a quagmire of different models of marriage that the Court will never be able to straighten out because they have no firm standard to go by than their intuition and emotion.
That may be what you believe, but that only matters to
you.
What the court said did not come from the constitution. It was not in the constitution. If you think this "right" was in there, then where was it?
First of all, the point was that under the Constitution, it is the court's role to determine the constitutionality of laws. Therefore, their ruling is within their job description.
To the larger point, the Constitution says the government cannot deprive citizens of life, liberty, or property without due process of law. In Loving v. Virginia the SCOTUS ruled that state bans on interracial marriage were the government depriving citizens the liberty to marry. They specifically noted, "
the freedom to marry has long been recognized as one of the vital personal rights essential to the orderly pursuit of happiness by free men."
The recent ruling on gay marriage was under the same framework.
There are two sides to the coin. When your side got lucky you did not merely take advantage of the law they used it to force the issue on people who did not believe in it. We have only seen a bit of this so far but the gay community will not rest until society thinks the way they do. You would probably like it if the schools to re-educate everyone to accept your view even if that meant going against parents wishes. You could make the same excuse that you did here. "We are not compelling them. If they don't want to hear it let them put their kids in private school. This is what we call tolerance and liberty.
Sorry, I don't buy into your paranoid fantasies.
We did not lose the argument.
You lost at the Supreme Court. Accept it. Denial of this reality just makes you look ridiculous.
Justices should not rule on matters the constitution does not address. That is the rare phenomenon called "Judicial Restraint." All un-enumerated powers (like making laws about marriage) belong to the States. That is in the constitution.
So you disagree with Loving v. Virginia on the same grounds?
That laws should protect everyone and due process should reign is not in question.
Thus, when a government deprives its gay citizens the ability to marry and enter into a consensual contract, it is denying them liberty without due process.
In this case an entirely new definition of marriage was invented and foisted upon society without democratic consent or constitutional grounds.
I don't think it's a good idea to subject questions of minority rights to a majority vote. What do you think would have happened if we'd put Jim Crow laws up for popular vote in the 1950's south?
Since the institution of gay marriage did not exist before so it could not have been "protected" or "respected." Neither can an individual's right be protected if no such right exists.
That may be what you believe, but the court ruled otherwise. As I showed above, there is legal precedent in the SCOTUS that the ability to marry is a "vital personal right".
Race by contrast is biologically intrinsic to humanity and universal.
The legal issue is the same. In both cases, the government was depriving citizens of their liberty without due process. Thankfully, both have been rectified.
A war was fought to establish equality between races. As far as I am concerned that point was made. Again, there is more biological sense in a male and female of different races marrying than for two males or two females.
You're dodging the issue. You argued that the SCOTUS cannot overturn state laws regarding marriage. Did you object to Loving v. Virginia on the same grounds?
The fact that interpretation is their role does not mean that is what they actually did or do. I do not see that their ruling had anything whatever to do with what was written in the constitution. Apparently the other Justices did not think so either.
That may be your opinion, but it's settled law now. And as with other countries that did this before us, as it becomes common and open, and everyone sees that allowing gays to marry doesn't bring about the apocalypse and plagues, public opinion will continue to trend towards acceptance.
Simply put, you're on the wrong side of history and will be looked back on the same way we now look back on Christians who pushed for anti-miscegenation laws.
You think putting so much power in so few men is a good thing simply because the current members voted in your favor. This is very short sighted.
Again, reviewing laws and determining their constitutionality is exactly the role of the supreme court as outlined in the Constitution. Would you change that? If so, how?
I have a feeling if the court were packed with activist conservatives you might not put so much faith in them.
I've disagreed with SCOTUS
decisions (e.g., Citizens United). But I didn't allow that to turn into questioning their ability to make such decisions.
It's their role, as outlined in the Constitution.