‘Gay Marriage’ Post-Mortem
July 1st, 2015

Long-ish piece over here lamenting the disintegration of the judicial branch, the tyranny of the minority, and the general collapse of the republican (note the small “r”) order.

But one addendum: In talking about Elena Kagan’s response to questions about “same-sex marriage” during her SG confirmation, I point out that Kagan declared:

“There is no federal constitutional right to same-sex marriage.”

And I then go on to say:

So either Kagan evolved in lock-step with her patron, President Obama, or she was flat lying during her confirmation-which suggests that all assumptions of transparency and good-faith regarding congressional confirmations are now inoperable. So we cannot trust the people who are nominated to high office to acknowledge their views truthfully before the citizenry. And we cannot trust them to adhere to actual law and jurisprudence once ensconced in their unelected office.

Adam White emails to say that there’s a third option I’m not considering:

There’s also Option #3: She wasn’t lying, she didn’t evolve, she was just being hyper-literal. As of 2009, there was no constitutional right to gay marriage. That right wasn’t created until June 26, 2015.

  1. Jersey Guy July 1, 2015 at 10:40 pm

    I think it’s a rule at this point to have at least one gay or lesbian character on any ironic sitcom or edgy network drama at point. It gives the impression that everyone has a gay neighbor/boss/uncle, etc. As you alluded to in a previous post, actual gay people are very rare. I know of 6 out of the closet gay/lesbian people from my high school graduating class of 315, which amounts to about 2%. Yet, the White House felt it necessary to decorate with vibrant colors. Seriously? We are at the point of diminishing returns of Liberalism.

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  3. Nedward July 3, 2015 at 6:22 am

    In terms of persistence of the species it’d catastrophic if 3% not to mention 10% of the population were homosexual so yeah, it’s a boutique concern.

    Also non-porn lesbians whether in the Navy or university administration aren’t culturally popular, only the gay male megafauna are; and their relative scarcity on the ground is fundamental to their popularity with the N. Am. housewife bloc who are worked up about cyber-meta-trans-bullying and also dearly wish they could be life of the party in every social gathering, you know, telling jokes like that Amy Poehler or that Melissa McCarthy who by the way prove that Women Can Be Funny Too, etc. — but where was I, oh yes, LGBTQ are just the wittiest and snarkiest of all. Supposing someone actually had to raise a family next to 1970s Christopher Street or the Castro she might be in peril of questioning the compatibility of gay men’s norms/values and alignment of political interests vs. hers, but fortunately w/ interaction constrained to whatever Glee displays that won’t be a problem. The same way Obama polled best in jurisdictions with either tons of blacks or almost none, gays do prosper politically from being unfamiliar and blank-canvas-ready.

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  5. Flagg Taylor July 6, 2015 at 9:24 am

    Option #3 is absolutely correct according to Kennedy’s opinion. See my Justice Kennedy and the Authority of the Present Moment: http://www.nationalreview.com/postmodern-conservative/420702/justice-kennedy-and-authority-and-present-moment-flagg-taylor