The Supreme Court has released a number of opinions, and it’s been a tough week for conservatives. Most of the focus has been on the big political fights – federal subsidy for state “Obamacare” exchanges was upheld and marriage equity is the law of the land in all fifty states. It was the latter that gave us the most blistering dissent from Justice Scalia:
“A system of government that makes the people subordinate to a committee of nine unelected lawyers does not deserve to be called a democracy,” he wrote in one of the more coherent statements in his dissent.
But another ruling, striking down part of the Federal “Three Strikes” law, illustrates judicial activism even more clearly. All of this begs the question as to where Scalia’s logic was in the “Citizens United” ruling in 2012 that declared corporations to be people, too. There is judicial activism, yes, but it’s more about filling in the gaps left by years of a completely dysfunctional Congress. Someone has to be the adults – even one branch of government has to endure Scalia’s sometimes childish ranting.
A storm had been brewing in the North Atlantic, but as of this weekend the clouds had passed over the Irish Sea. As is common with the nasty storms that come from the roiling sea, the landscape was left forever changed – softened, gentler, and deeply appreciative of the all too rare sun.
The storm that passed over Ireland was the debate on whether to enshrine Marriage Equity in the Constitution, a document that has weathered similar storms in the scant 78 years since it was adopted. This time, however, Ireland was changing not just to catch up with the times but to lead them. It’s worth discussing on both sides of the stormy Atlantic and around the world.
Two years ago, nearly to the day, a curtain of gloom hung over progressives in Minnesota. A constitutional amendment was passed and sent on to the voters to enshrine in the state constitution that marriage was “between one man and one woman”. It was largely a cynical play to demonize homosexuals and get people out to the polls to vote Republican. The left was shocked and demoralized.
Today, Governor Dayton signed the bill which creates Marriage Equity in Minnesota, or legalizes gay marriage if you insist. It’s a remarkable achievement for this state, the 12th in the US to do so, but the two year path from despair to elation is a fantastic story too intricate to tell here. But one thing can certainly be said of this story:
It was one of the biggest political goofs in history – and if we learn from it this could be a turning point.