Everything I know about the law I’ve gleaned from a handful of undergraduate classes, To Kill A Mockingbird, In Cold Blood & every version (including the British) of Law & Order. In other words; I know very very little. But why should that get in the way? As the Supreme Court is considering equal marriage it occurs to me to question why? Why are we pinning our hopes on the Supremes?
The Supreme Court is rarely at the forefront (or even midway) in changing our nation’s narrative. There are few decisions (that come to mind) made that the populace had not already thoroughly considered. So why then is it the Supreme Court we look to to settle this matter once and for all? What would happen if the body that decided (in 1996) that marriage was only legal for couples of opposite genders did a do-over? Before the signing (by President Clinton) and the passing of the Defense of Marriage Act (DOMA) there were no gender specifications in regards to legal marriage.
What would prevent President Clinton from launching an enormous mea culpa campaign? He is an incredibly influential man who no doubt has favors to call in. What would prevent him from lobbying congresspeople and senators to overturn what he created? The benefits of clearing his conscience notwithstanding, it would be an efficient method of eradicating the illegality of equal marriage.
Would the Supreme Court (or any court) even need to be examining the legality of any marriage had DOMA not been signed into law? Does anyone want to put their basic civil liberties in the hands of nine appointed people? Wouldn’t it be more appropriate for elected officials to make those decisions for their constituents? If the polls are even remotely accurate it would seem that the majority of Americans support equal marriage. The (seemingly) vocal minority is similar to most vocal minorities who value their personal beliefs/views more than the public good. It is in the best interest of the public to have the people we’ve elected represent us.
“I think there’s just one kind of folks. Folks.”
― Harper Lee, To Kill a Mockingbird
Here She Is Boys 
DR
April 1, 2013 at 5:51 pm
Well, poop, Vet. That’s a pretty sour outlook. Downright un-American, too.
The main fact of this silly brouhaha is this: the “people” are going to keep on doing what they feel like doing, regardless of what the Supreme Court, Congress, or the Bureau of Mines thinks.
That’s exactly what our beloved Founding Fathers wanted them to do, so stop taking things so seriously. A bunch of guys who were smart enough to start a country — and not just any country, but the Apple Computer of countries — certainly would have written down the rules of getting married, if they really thought it was something their new government should stick its nose into.
But, they didn’t. Not a word. Not even an oblique reference. The proof of which is — the holy rollers who all are so wired up about marriage these days already would have seized on any oblique references, twisted them, bent them, soldered them to some oblique references from the Bible, and then thrown the whole thing out into the middle of Main St., USA to prove that their opinion of God’s will is the right opinion (as if there was any doubt.)
So, the only real question here is, what ever made Bill Clinton and Congress think that marriage was any of the government’s business? And, as usual, the answer is: law school. Bill Clinton famously went to Yale Law School, and I bet that 105% of all members of Congress went to some law school, too. Even if it was one of those H&R Block tax preparation stores. Income taxes come from laws, right?
Anyway, as I said above, people are going to do what they want to do. As I understand it, we (the people) own the country. Not Bill Clinton, not Congress, and not the Supreme Court. Seeing as how the wise guys who started the whole thing didn’t come right out and decree who people could and could not marry, I’m pretty sure they thought we could figure it out for ourselves.
And so we will, without regard for anything more on the matter emanating from Bill Clinton, Congress, the Supreme Court, or, for that matter, from any other government office or official. You see, Vet, WE are the government. It says so someplace in the Constitution.
Retired Vet
March 27, 2013 at 8:25 am
“What would prevent him from campaigning congresspeople and senators to overturn what he created”
Because most sitting members of Congress could care less what an oath breaking, lying under oath wife cheating former politician has to say on anything?
Because Congress created DOMA?
Because it is still the will of the people?
Because those Congressmen and women want to remain in office and overturning DOMA would be the end of their careers?
A small vocal minority is still a small minority. The vast American public is slow to anger and generally tolerant, up to a point….
That point has been reached.