Whatever your view of the recent Supreme Court ruling on the “constitutional right to same sex marriage,” it is definitely one that now or later will have a significant impact on you, people who are important to you and, if you have one, your church. A commentator on culture and issues of interest to Christians I respect is Albert Mohler. Dr. Mohler is a theologian and president of The Southern Baptist Theological Seminary in Louisville, KY. He just released the following article which helps me process what has happened. The article appeared at: www.albertmohler.com. I hope you will appreciate his commentary. RMF
Everything Has Changed and Nothing Has Changed — The Supreme Court Legalizes Same-Sex Marriage
By Albert Mohler
Everything has changed and nothing has changed. The Supreme Court’s decision yesterday is a central assault upon marriage as the conjugal union of a man and a woman and in a five to four decision the nation’s highest court has now imposed its mandate redefining marriage on all fifty states.
As Chief Justice Roberts said in his dissent, “The majority’s decision is an act of will, not a legal judgment.”
The majority’s argument, expressed by Justice Kennedy, is that the right of same-sex couples to marry is based in individual autonomy as related to sexuality, in marriage as a fundamental right, in marriage as a privileged context for raising children, and in upholding marriage as central to civilization. But at every one of these points, the majority had to reinvent marriage in order to make its case. The Court has not merely ordered that same-sex couples be allowed to marry – it has fundamentally redefined marriage itself.
The inventive legal argument set forth by the majority is clearly traceable in Justice Kennedy’s previous decisions including Lawrence (2003) and Windsor (2013), and he cites his own decisions as legal precedent. As the Chief Justice makes clear, Justice Kennedy and his fellow justices in the majority wanted to legalize same-sex marriage and they invented a constitutional theory to achieve their purpose. It was indeed an act of will disguised as a legal judgment.
Justice Kennedy declared that “the right to marry is a fundamental right inherent in the liberty of the person, and under the Due Process and Equal Protection Clauses of the Fourteenth Amendment couples of the same-sex cannot be deprived of that right and that liberty.” But marriage is nowhere to be found in the Constitution. As the Chief Justice asserted in his dissent, the majority opinion did not really make any serious constitutional argument at all. It was, as the Chief Justice insisted, an argument based in philosophy rather than in law. Continue reading