Monday, August 09, 2010

Where is the Republican Party on a constitutional amendment to defend marriage?

Well, if anyone doubted that redefining words could have sweeping social consequences, we now have the Perry v. Schwarzenegger case as clear evidence that it does. The decision concluded that the state had no "rational interest" in clarifying the definition of marriage in Proposition 8, and so struck it down.

I will have a full analysis of this case later, but in the meantime it is interesting to read about the plans of David Boies and Theodore Olsen to take the case to the U. S. Supreme Court, where Anthony Kennedy, the likely swing vote in the case, awaits its reception with the reasoning he used in Bower v. Harwick, the case that struck down the Texas sodomy law.

Gay rights groups are wary of taking this to the high court, fearing a gay rights Waterloo, but I can't fathom why. It would appear likely right now that they have five votes to establish same-sex "marriage" as the law of the land.

The political question on this whole thing is where the Republicans are on this. Are they willing to revisit the idea of a constitutional amendment to right the cultural ship?

So far, we haven't heard anything from them.


Art said...

Martin, are you wondering if the Republican Party is going to advocate the criminalization of divorce?

Thomas said...

Shouldn't they be willing to outlaw divorce? In any case, it's not a federal issue; the Supreme Court has recognized that family law is left up to the states.

KyCobb said...

From what I've read, the GOP has decided that demonizing immigrants and Muslims make for better wedge issues for the midterms than teh Gay. You do know, Martin, that the "culture wars" are unwinnable, and the GOP only exploits them to get votes, not to actually try to win them, right?