Seymour Flops
Diamond Member
Here's my reasoning: The Obergefell case, making it mandatory for states to recognize gay marriage has little basis in the constitution, I get that. States have always had the power to regulate marriage, with little interference from the federal government. But I am still glad the court decided it that way for two reasons:
1 - as a libertarian, I believe that people should be able to marry who they choose, as long as both adults, or reasonably close. The states would have been very slow in granting that right protection. Yes, I believe marrying the person that you choose is a natural right, and so it would arguably be in the penumbra of rights in the constitution.
2 - If Obergefell is overturned by what I proudly call the Trump court that overturned Roe, the left will have some justification for their claim that the court is being activist by ignoring precedent.
3 - If Obergefell is overturned, many states will recognize same-sex marriage on their own. Then the "full faith and credit" clause will force the most conservative of states to accept marriages licensed in California, just as states with an 18 year old minimum age must accept marriages licensed in states with a 16 year old minimum age.
If Obergefell is overturned, the left gains new ammo. Deep in their leftie hearts, they always knew that abortion rights are not in the constitution. Their anger at the Dobbs decision is not borne of shock, but of the final eventuality of what they knew was coming.
Don't give them ammo, and alienate gay conservatives, which could lead to court stacking that could bring Roe right back.
1 - as a libertarian, I believe that people should be able to marry who they choose, as long as both adults, or reasonably close. The states would have been very slow in granting that right protection. Yes, I believe marrying the person that you choose is a natural right, and so it would arguably be in the penumbra of rights in the constitution.
2 - If Obergefell is overturned by what I proudly call the Trump court that overturned Roe, the left will have some justification for their claim that the court is being activist by ignoring precedent.
3 - If Obergefell is overturned, many states will recognize same-sex marriage on their own. Then the "full faith and credit" clause will force the most conservative of states to accept marriages licensed in California, just as states with an 18 year old minimum age must accept marriages licensed in states with a 16 year old minimum age.
If Obergefell is overturned, the left gains new ammo. Deep in their leftie hearts, they always knew that abortion rights are not in the constitution. Their anger at the Dobbs decision is not borne of shock, but of the final eventuality of what they knew was coming.
Don't give them ammo, and alienate gay conservatives, which could lead to court stacking that could bring Roe right back.