This is the ONLY argument for SSM: Some ideological plurality of judges decided marriage should be for everyone. Not a democracy. Heck, not even a representative republic. The decision was made by oligarchists - the decision was made by a few. Kinda think the Constitution was drawn up to prevent things like this from happening in US government.
1. Loving v Virginia was 9-0. That's not a plurality. 2. Can you think of a compelling reason why marriage should NOT be for everyone? 3. Those justices were constitutionally appointed to their position and given jurisdiction over the issue properly according to Article 3. Or do you have some other definition for "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States..." The mantra that the court "made up" judicial review is inaccurate. James Madison made it quite clear in the Federalist Papers that it was an intended use of the supreme court, and even if you disagree, how else would one assert that the congress and president erroneously enacted a law that violates the constitution? Or would you have no check on their power? I think having a body that can strike down unconstitutional laws (which state courts of course can do with state laws) that cannot enact laws of its own is a fantastic idea. But by all means, offer us a better alternative.
Do supreme court judges show supreme judgement at all times? I refer you to the middle 1850's Dred Scott decision where the SCOTUS decided a slave owner had the legal right to recapture a fugitive slave no matter how long the slave had been a freeman in a free state. Actually, at that time, SCOTUS used the US Constitution more to make their decision on Dred Scott than the original plurality of state supreme court judges who used 'out of the box' thinking, decreed marriage was a right for everyone, and set the precedent. You can't even say these ideological oligarchists were particularly bright. Just ideologues.
Dred Scott was a political question as well, and was a very "federal over state" move. It extended slavery even into free states and removed the ability of those states to truly abolish slavery in their own territory. That it was (frighteningly) a sound constitutional argument at the time shows us that it is a very good thing that such arguments (as well as the constitution itself) can change.
There are many issues which could be considered unfair in american society. Advocates of SSM aren't phased with this unfairness in other institutions of american society. SSM is not about fairness. Its political.
This tripe again? In what demented universe does anyone actually think that a move towards progress cannot occur unless all progress happens simultaneously? Tell me, was it wrong to extend voting to blacks in 1870 because it did not also extend voting to women? No? I thought not.
Or when 1st amendment rights are violated when, IMO, SSM laws infringe upon religions in america. upon religions.
How, exactly? And please include why prohibiting SSM does not therefore infringe on the religious rights of members of a faith that think SSM is great.
Marriage was a religious institution before the state got a hold of it. Before,IMO, gov't broke the first amendment.
So what claim does an anti-SSM religion have to determine the law for everyone that a pro-SSM religion does not?
It looks like Michael Fassbender. Who is, I would add, extremely cool.
We can, of course, cleanly discard the appeals to tradition, and the attempts to discredit the supreme court. I am always tickled by how conservative Christians suggest that disallowing them to set the rules for everyone is somehow an infringement of their religion, but allowing them to set those rules is not an infringement of anyone else's. Reform Judaism, for example, is extremely pro-SSM. Why are Reform Jews' religious liberties not infringed when conservative Christians get to make the rules, but the conservative Christians' liberties would be infringed upon when Reform Jews make the rules? Obviously, the real answer is that no one's religious liberties entitle them to make the rules for anyone else, but I always chuckle at how ethnocentric that kind of argument is.