THE SUPREME COURT, by a ruling of 5-4, has struck down the federal Defense of Marriage Act, which prohibits the federal government from recognizing same-sex “marriages.” The decision, which was released this morning, can be found here. The justices also dismissed the suit over California’s Proposition 8, which banned same-sex “marriage,” clearing the way for legal “marriages” to take place there.
Justice Anthony Kennedy wrote for the majority:
“The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.”
Just to clarify this unwieldy conclusion, which could easily be used to defend the polygamist, here is the text of the Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The modern constitutional democracy, founded on equality and individual rights, is bankrupt. It has eaten up its very foundations. It is a rapacious, all-consuming beast that devours the common good and tears communities apart.
Under the ruling, not just marriage but parenthood will be redefined as the federal government grants equal status and parental rights to non-procreative unions. “Mother” and “father” are discriminatory terms which do not recognize the “personhood” and “dignity” of homosexual couples. In other areas, the implications for taxes, Social Security, military benefits and other federal provisions are considerable as DOMA, signed into law in 1996, grants residents of states where homosexual unions are legal the right to all federal benefits granted to married couples. Nothing is to keep a friend from “marrying” another friend to grant him or her years of Social Security benefits. Harsh government measures will necessarily follow to force those who consider homosexuality immoral to recognize same-sex unions.
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