Truth be told, I am not a supporter of gay marriage, but that is not why I am upset with this ruling. I am upset with this ruling because the Supreme Court has now stretched the Fourteenth Amendment of the Constitution, which was ratified due to slavery, so far as to justify not only abortion, but now gay marriage. In the process, the Court has ruled the Fourteenth Amendment has rescinded the power delegated to the states and has driven a stake through the heart of the Tenth Amendment.
The reality of this entire situation is that the Court has not extinguished the flame, but has thrown gasoline onto the fire to intensify the sentiments between the LGBT and religious communities. This may be the next Roe v. Wade.
In using its authority to alter the rules of the individual states, the Supreme Court enacted judicial tyranny on the people in those states. You would think experts on the Constitution would understand the importance of the Tenth Amendment was to allow diversity of opinion between the residents of the states and allow people to move to the state they saw most fit for them. However, in this ruling, the country has not embraced diversity, but smother it by telling citizens of every state you must live under this federal rule, even though the power was not dictated to the federal government, but the states, in the Constitution.
From here, this ruling will have lasting impacts that will eventually have to be taken back to the Supreme Court. This issue is far from over.
The first of these regards religious freedom. Should a store owner be forced to partake in part of a gay ceremony, such as baking the cake or providing the flowers, against his or her will? I fear with the current sentiment of the Court that if a case like this was brought before them, they would rule against religious liberty and the First Amendment. If the Fourteenth Amendment has enough power in the eyes of this Court to overrule the Tenth Amendment, what is to stop it from overruling the First Amendment? In this instance, religious individuals would essentially have to leave their religion in the church pews, and as a Christian, I would feel persecuted by the government of the United States of America.
The second issue that arises is the question: will this finally be enough for the LGBT community? They say they were fighting for equality, and according to what they've been saying, they now have it. However, will the LGBT engine shut down or will they continue to try to assert their new found authority?
The ruling today makes it clear that religious leaders will not be forced to perform same-sex weddings. However, there is already cause for concern among the religious, which was raised by Justice Alito during the oral arguments for this case. The Obama administration could now say religious institutions, such as the Catholic Church, are not serving the public interest because they are not abiding by the law of the land by condoning same-sex marriages. As a result, the IRS could threaten to take away tax-exempt statuses and the administration could threaten to place them on a list of hate groups. That is, unless you perform same-sex weddings. There is also cause for concern among religious colleges.
Lastly, in the face of yesterday and today's rulings, it might be fair to say the Constitution really has no authority anymore over America. It seems justices go into cases looking for a way to justify their means. A perfect example is Chief Justice Roberts. Yesterday in the Obamacare case, he had a lose interpretation of the reading of the law in order to justify it. However, in today's gay marriage case, he had an extremely strict reading of the Constitution to not justify gay marriage. It seems as though all the justices have become polarized, not looking at the facts of the case, but rather finding justification for their political beliefs.
For government officials who hold a 1/9 of a branch of the federal government in their hands and seem to have become extremely polarizing, it should worry every American that these officials sit on the bench for a life sentence, without fear of any consequences due to their actions. The United States of America should not be held to the judicial tyranny of five members on a bench that do not face consequences due to their actions.
I leave you with a quote from Justice Scalia:
The Judiciary is the “least dangerous” of the federal branches because it has “neither Force nor Will, but merely judgment; and must ultimately depend upon the aid of the executive arm” and the States, “even for the efficacy of its judgments.” With each decision of ours that takes from the People a question properly left to them—with each decision that is unabashedly based not on law, but on the “reasoned judgment” of a bare majority of this Court—we move one step closer to being reminded of our impotence.