In Hawaii, gay couples may enter civil unions with all the state-based rights and legal protections of marriage, but without the official designation of being “married.” Same-sex couples sued to have the status of marriage, urging that they had a fundamental right to marry under the Due Process Clause and that the state could not discriminate against them under the Equal Protection Clause. Last week, a federal district court in Hawaii denied their claims. In a lengthy opinion in Jackson v. Abercrombie, Judge Alan C. Kay rejected the lawsuit on the grounds that he had no choice to do otherwise under binding Supreme Court precedent and that, even if he did, the plaintiffs’ claims failed on the merits. The judge argued that the Ninth Circuit’s decision striking down Prop 8 in Perry v. Brown was distinguishable because, as Judge Reinhardt ruled, the Perry case involved only the narrow circumstances where a state has granted marriage to same-sex couples and then taken it away. Hawaii, on the other hand, is a state where couples never had the right to marry.Same-sex marriage is somewhat off-topic for this blog, but I do track political activists manipulating the courts to undermine relations between parents and kids.
Marriage law is normally written by the state legislature, and the federal courts are only intervening because of the argument that our marriage law has no rational basis, and hence unconstitutional. The Hawaii federal judge ruled:
Specifically, the legislature could rationally conclude that defining marriage as a union between a man and woman provides an inducement for opposite-sex couples to marry, thereby decreasing the percentage of children accidently [sic] conceived outside of a stable, long-term relationship. ...For similar arguments for the rationality of marriage law, see the Connecticut dissent and the 2009 Obama DoJ position. (Obama has now disavowed his previous views.)
The legislature could also rationally conclude that other things being equal, it is best for children to be raised by a parent of each sex. Under rational basis review, as long as the rationale for a classification is at least debatable, the classification is constitutional. Both sides presented evidence on this issue and both sides pointed out flaws in their opponents’ evidence. Thus, the Court concludes this rationale is at least debatable and therefore sufficient. ...
Finally, the state could rationally conclude that it is addressing a divisive social issue with caution. ...
In order for the gay lobby to get what they want, they must either convince the legislature in states lime New York, or convince the voting public in states like California, or convince the courts that marriage law is irrational. The US Supreme Court is likely to soon be soon hearing a marriage case, and the gay lobby will have to argue that it is irrational for state policies to encourage kids to be raised by their moms and dads.
That is where I differ from the gay lobby. They are out to kill parental rights, and any other rights that stand in the way of their political objectives. They are allied with other leftist anti-Christian groups that seek to destroy American culture. They oppose Chick-fil-A and Boy Scouts having First Amendment rights. They require California schools to teach homosexuality.
They push for laws to let a judge declare that a child has several moms, and for ordering intact families to be busted up. These laws are direct attacks on the family, on Christianity, and on American culture.
There are 3 feminists on the US Supreme Court. Pres. Obama appointed 2 of them. They are likely to say that marriage is irrational.
It is entirely rational for states to have laws encouraging kids to be raised by their moms and dads. Every civilization has had such laws. We should have stronger laws requiring kids to be raised by their moms and dads. Our society may crumble if we do not.
If trends continue, dads will have no rights to their kids. It will all be subject to the discretion of a family court judge, and his opinion of the BIOTCh (defined by ABA). Thank the feminists, leftists, gays, and their allies.