Therefore, the SCOTUS can rule sibling-marriage into law, or any ******* thing else they want, and unless society can muster the needed majorities to ratify a new Constitutional amendment, we have to live with it. You can sit here and talk about all your moralistic reasons for denying different types of relationships... it all means bunk! You can insist that things are "obvious" and that we have laws against this or that... doesn't matter anymore... SCOTUS can rule and you'll need an amendment. Your moral views, even if they are shared by most of society, do not matter anymore.
It has always been the case that the USSC's rulings require an amendment (or future court ruling) to overturn. Obergefell did nothing to change that. Nor did Obergefell create a new law. It overturned laws the court deemed violated constitutional protection.
No, it's NOT what occurred. Bans on "gay marriage" did not violate the constitution any more than bans on "sibling marriage" or "rape marriage" or "animal marriage" or any number of other things that ARE NOT marriage. SCOTUS literally had to create something that did not exist then established a constitutional right to it. This is above and beyond any authority ever envisioned for the court. Society NEVER agreed to be governed by an oligarchy of people in black robes.
Are you sure you understand what 'literally' means? The court did not create something that did not exist. Same sex marriage existed before Obergefell. Marriage being ruled a fundamental right happened before Obergefell. The court is part of government; society absolutely agreed to that. The power and responsibility of the court to rule on the constitutionality of laws is long established, agreed to by society. Nor is the court suddenly some sort of dictatorial overlord.
It's NOT disagreement with their decision. It is disagreement that they should have even heard the case. The court is not there to change laws and right perceived injustices. They are charged with upholding the laws we have established without regard for their personal opinions. What they did here was to legislate a new law from the bench. That is not within their constitutional power... never has been.
It doesn't matter if I agree with their sentiments in principle or not... they aren't there to rule based on sentiment. We have a legislative branch which we elect to represent our sentiments and codify those into laws. The SCOTUS is there to uphold those laws... not rewrite them by creating new things and new rights that didn't previously exist. THAT is what I object to, not their intentions or sentiments.
The court is not simply there to uphold the laws, but also to overturn those it determines violates constitutional protections. You disagree that such protections were being violated. Now you are saying the court shouldn't hear cases because, what, ruling in a certain way might have a changing effect on society? If the parties have proper standing and the arguments presented are compelling enough to warrant it, of course the court will hear cases. Again, I see this as your disagreement with the ruling. Had the court ruled the other way and allowed same sex marriage bans to stand, I strongly doubt you would have complained that they shouldn't have heard the case.
A man had exactly the same right to obtain a marriage license with a woman and it has nothing to do with gender. It has to do with the definition of marriage. The Court's "feeling" is not supposed to be the basis of their rulings. The Court may, at a future date, have "feelings" for a brother wanting to marry his sister.... or a woman wanting to marry her rottweiler. Is it alright if they want to willy-nilly change that too, based on sentiments? What about age of consent laws? What if the Court "feels" that a 12-year old should have their constitutional right to legally consent?
To me... this is the difference between an activist court and a court functioning as it was intended, it has nothing to do with my agreement with their ruling. You think the SCOTUS can rule based on their "feelings and sentiments" and I think they should rule based on law and the constitution, and in complete disregard for personal sentiments.
All the times you've complained about minutae being brought up and you're going to complain about my use of the word feel? Fine, the court decided that a man being prevented from marrying another man based on his gender was denying equal access to law; a woman being prevented from marrying another woman based on her gender was denying equal access to law.
You keep bringing up things the court might do as though these things were not just as possible before Obergefell. How did the Obergefell ruling make it possible for the USSC to rule age of consent laws unconstitutional where they could not before the ruling?
There is not a goddamn thing in the Constitution that was upheld with regard to Obergefell. It was a lawless ruling made by an activist court. They established something that previously did not exist (gay marriage) and then they established a constitutional right to it that also did not previously exist. The case should have been dismissed for lack of standing. They had no jurisdiction in this, they certainly had no authority to create new laws and rights out of whole cloth, and they didn't have the authority to impose their personal sentiments on all of us with the power they are entrusted with. But that is what happened.
Once more : same sex marriage existed before Obergefell. No matter how many times you say the court created something completely new, it is untrue. Something like 30 states already had legal same sex marriage when the Obergefell ruling was made, not to mention various other nations also having legal SSM. Your continued descriptions of the court creating some previously nonexistent form of marriage or simply wrong.
The court had no jurisdiction in this? Dismissed based on lack of standing? Based on what, exactly? The parties involved certainly were the ones denied marriage, so they seem to me to have standing; it wasn't someone suing because someone else couldn't get married. The USSC is the highest court of the nation, the last court cases go to when there are questions of constitutionality. How then was this case outside the court's jurisdiction and why should it have been dismissed for lack of standing?
What new law has been created? Do you have the text of this law? I was under the impression the courts ruled that same sex couples must be given access to already existing marriage laws.
EDIT : Changed constitutional to fundamental regarding marriage as a right.