Gay Marriage: Get Over the Theology and Look at the Law

It’s time to focus on the flag being hidden behind the antagonizing spectacle.

Put your emotions aside for a moment and read Ben Shapiro’s succinct explanation of the ramifications of the Supreme Court’s refusal to take on gay marriage cases from five states:

The Court clearly wants to wait until a majority of states have been forced to embrace same-sex marriage by lower-level appeals courts. Then they can determine that a “trend-line” has been established, suggest that society has “evolved,” and declare that a new standard must be enshrined. That, of course, was the logic of Lawrence v. Texas (2003), in which the Court waited 17 years to overrule Bowers v. Hardwick (1986), stating that anal penetration was a hard-fought Constitutional right; the Court in that case stated that Bowers no longer applied because of “an emerging awareness that liberty gives substantial protection to adult persons in deciding how to conduct their private lives in matters pertaining to sex.” Justice Scalia rightly pointed out that the Court’s statement was false – the state, he explained, still regulates “prostitution, adult incest, adultery, obscenity, and child pornography.” And Scalia also pointed out that “Constitutional entitlements do not spring into existence because some States choose to lessen or eliminate criminal sanctions on certain behavior.”

…This is the beauty of Supreme Court doctrine: they don’t even have to do their judicial dirty work anymore. They can rely on lower-level courts to violate the Constitution, then declare the Constitution magically changed because of an “emerging” consensus on violating the Constitution.

And the people have no recourse. They cannot pass laws that for two and a half centuries have been fully Constitutional. They cannot fight state attorneys general who betray their voters. They must sit by as the courts play legal games while awaiting the great Obama-esque “evolution” – an evolution that is almost entirely top-down, and that will then be dictated to us by our betters.

Shapiro’s legal insight, akin to that of Mark Levin, provides further evidence for my own previously stated belief that the Right needs to argue on the basis of law, not theology, if they want to keep America free:

Instead of rebutting those who argue that the Constitution is an amorphous idea that will bend to their will with the simple truth that they are empowering a court to render their individual vote effectively useless, we get caught up in arguments over whether or not God approves of homosexuality. We then get stereotyped as a bunch of Bible-thumpers who have no clue how government works – by a bunch of ideological terrorists intent on destroying the very government they claim to uphold.

When gay marriage is over there will be another hot-button morality issue to be abused in the name of raping and pillaging our individual rights through legal abuse. It is time to get out from under the theological rock and see the big picture. Conservatives, if you want a truly constitutional republic, start sending your kids to law school. We may be forced into play the game, but that just means we should play to win.