11 December 2012

blithering nonsense...

Scalia Is Just a Bigot By Michael Tomasky, Daily Beast via RSN

Michael Tomasky has something to say about Judge Scalia's too often pronounced pearls of wisdom. in the link above it's about lgbtq & marriage. Tomasky's blunt take on what Scalia says? 

"What blithering nonsense."

Scalia says in Lawrence: “Today’s opinion dismantles the structure of constitutional law that has permitted a distinction to be made between heterosexual and homosexual unions, insofar as formal recognition in marriage is concerned.”


i apologize for yelling but there is NOTHING in the U.S. Constitution about marriage. THAT in itself should prove that DOMA is unconstitutional. it is beyond Congress' purview.

if it's not in the Constitution, it means that it's up to the states.

yes, overwhelmingly states have blocked it, but that leads to questions of the 4th, 9th, 10th, & 14th Amendments. wake up SCOTUS!

of course, then you get into the thing that marriage is not actually a 'right'; it is a contract. 

about 'contracts' the Constitution has something to say. 

Section 10 says, "No state shall...pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts...."

divorce is a dissolution of a contract in a court, and SCOTUS has dealt with it, though it refused to deal with communal property in a 1910 case & has never revisited it.

i'm not a lawyer nor legal expert, but my background does include constitutional history. all the way back to the first constitutional contract - the Magna Carta. yes, i said 'constitutional contract' because what is a constitution if not a contract? 

and don't get me started on history of 'marriage'!

i know. i'm over the top. but i'm sick of dealing with all of this.

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