Civil liberties

Supreme Court forgoes anti-gay appeal

Evil-doersPoor, poor conservatives. Unable to show any sort of injury or violence at the hands of the Massachusetts court ruling which allows gay marriage, the right wing challengers' appeal to the U.S. Supreme Court has been rejected by the justices. The highest court has refused to even hear the case.

Prior to the U.S. Supreme Court decline, Mathew Staver, the President of the conservative Florida-based Liberty Counsel who filed the challenge, compared the Massachusetts court ruling to "tyranny". On the Liberty Counsel website, Staver makes a case against the courts despite their crucial role in checking laws for Constitutionality, as is clearly established by the Framers.

His cherry picked clause? The Guarantee Clause (section 4) in Article IV which says:

The United States shall guarantee to every State in this Union a Republican Form of Government...

In other words, a government elected by the people. Staver believes the courts don't directly represent the people and therefor shouldn't be allowed to establish laws and "tyrannize" the people. They, in fact, don't. They check laws and rule them Constitutional or not. But here's the kicker. And this is why the Supreme Court is ignoring the suit. Article IV, section 4 continues:

...and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

Violence. Again, conservatives showing their aptitude for neglecting whole parts of Constitutional clauses (the "militia" section of the Second Amendment being another example).

Why is this loss significant for the anti-gay movement? The Supreme Court just fired a flare over the bow of the right's war ship. If any futher challenges are filed, the Supreme Court -- even though it currently holds a conservative majority, will very likely reject any anti-gay-marriage suits.

That's why the right's only option is a desperate Constitutional Amendment defining marriage. In response, how about an Amendment defining "freedom", "liberty", and "equal protection". Which would be a waste of time since THEY'RE ALREADY GUARANTEED BY THE CONSTITUTION. The 14th Amendment:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Perhaps you could call the Liberty Counsel and read the 14th Amendment to them. Their phone number is (407) 875-2100. Remind them that although the Constitution guarantees freedom of religion, it doesn't sanction the restriction of freedoms based on Biblical law.