Why do we need state legislatures? Why do we need local elections?
To make laws reflecting the values and standards of sovereign states and diverse communities throughout America?
Nonsense.
We don’t need them any more. The U.S. Supreme Court invalidated them last week. It determined that nine unelected men and women in black robes are wiser than the people. It determined, by a 6-3 vote, that all we need is a “living Constitution” that can only be interpreted by the all-knowing, all-seeing, semi-divine arbiters of right and wrong. It determined that lawmakers and representative government are irrelevant.
That’s what the court did Thursday when, for all intents and purposes, it found hidden in the Constitution a new right – a right to practice homosexual sex.
The author of the majority opinion, Justice Anthony M. Kennedy, said the Texas law struck down by the court “demeans the lives of homosexual persons.”
“The state cannot demean their existence or control their destiny by making their private sexual conduct a crime,” he wrote.
Oh, no? It may not have been the most sensibly crafted state law on the books, but to say laws about private sexual conduct are unconstitutional, the court, in effect, opened a sexual Pandora’s box.
If there is a constitutional right to have homosexual sex, how can one deny there is a constitutional right to group sex? How can one deny there is a constitutional right to consensual incest? How can one deny there is a right to have sex with animals? How can one deny there is a constitutional right to polygamy?
You can’t. There is no difference. And that’s why there is no constitutional right to homosexual sex – or any other kind of sex for that matter. The word sex doesn’t appear in the Constitution. It is a subject not addressed – which is, under the Constitution, precisely why it is a matter left to the various states.
But that’s not the way it will be in America in the future. As of last week, we have a new reigning Politburo governing all of America. We have nine infallible, lifetime, unaccountable rulers who know better than the people, better than the states, better than the legislators.
Just 17 years ago, the Supreme Court ruled quite differently on the matter. Then, Chief Justice Warren Burger, hardly a social conservative, wrote “in constitutional terms there is no such thing as a fundamental right to commit homosexual sodomy.”
“Decisions of individuals relating to homosexual conduct have been subject to state intervention throughout the history of Western Civilization,” Burger wrote. “Condemnation of those practices is firmly rooted in Judeo-Christian moral and ethical standards.”
He noted that Sir William Blackstone “described ‘the infamous crime against nature’ as an offense of ‘deeper malignity’ than rape, a heinous act ‘the very mention of which is a disgrace to human nature,’ and ‘a crime not fit to be named.’ To hold that the act of homosexual sodomy is somehow protected as a fundamental right would be to cast aside millennia of moral teaching.”
That’s right. And that’s just what Burger’s successors on the court did. They substituted political correctness for the Constitution. They substituted their feelings for the rule of law. They imposed their own personal convictions and sense of morality on an entire nation – and told the people to go jump in a lake.
This opinion bears striking resemblance to an earlier court decision still hotly debated 30 years later – Roe v. Wade. There, too, the justices acted as super-legislators rather than slaves of the Constitution.
As Justice Antonin Scalia explained it, the court “has taken sides in the culture war.” He added, “The court has largely signed on to the so-called homosexual agenda.”
Homosexual marriage? Homosexual adoption? How can the court say no? It’s just a matter of time before all state laws prohibiting them are struck down using the same logic – or illogic – used by the current court.
Unless, of course, the Supreme Court is reconstituted with a majority of members who respect and honor the oaths they take to uphold and defend the Constitution of the United States.
Editor’s note: The upcoming August issue of WND’s acclaimed Whistleblower magazine will be on America’s out-of-control judicial system, focusing in particular on the United States Supreme Court, whose recent rulings have validated reverse discrimination, opened the door for legalized polygamy, incest and bestiality, and freed hundreds of sex abusers. The current issue (July), titled “THE CONSTITUTION: America’s ultimate battleground,” explores whether the Constitution is still America’s “supreme law of the land.”
Subscribe to Whistleblower, starting with “THE CONSTITUTION: America’s ultimate battleground.”
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