Some Thoughts on the Supreme Court's Overturning of DOMA and Prop 8
It’s not news now that the Supreme Court in a 5-4 decision overturned both the Defense of Marriage Act and Proposition 8. Interestingly, I think a reasonably-good argument can be made that constitutionally, DOMA was indeed problematic from a federalist position, though I’m not nearly convinced that it should carry the day. My question, though, is why Justice Kennedy (“Sir Anthony the Schizophrenic”) chose in his majority opinion to employ federalism as part (the better part, by far) of his argument, and all the while in his pronouncements upon abortion law, seems to be comfortable with the trampling of federalism by Roe v. Wade.
That the redefinition of marriage will have some negative effects upon religious freedom seems unarguable; this article argues that those effects will be devastating:
Personally, I’m beginning to think about truly Christian responses to this, specifically our response to the entire institution of marriage, whether we ought to withdraw from state-sanctioned marriage (methinks so), whether we ought not to consider some redefinition of our own (more on this later). As long as I live in a state where real marriage continues to be the law, I can be content; when/if I reside in a state that defines it otherwise, I will prepare to take some fairly radical steps.