(July 20, 2015 at 3:13 pm)Anima Wrote: I doubt Chief Justice John Roberts is acting as if the 14th Amendment does not exist. Rather he is saying
I didn't bring up the 14th amendment for Roberts' elucidation or consideration, but as counterpoint to your argument centered on the Commerce and Supremacy clauses. Your previous post came off as if Obergefell didn't even warrant standing.
I think Roberts' invoking "it's always been this way" is a poor defense for his concern. I don't think we really need to unpack the various other traditions whose gaping wounds have been closed by the courts in order that they may heal, some leaving significant scars. I think Roberts' biggest concern was the conference of fundamental right via due process meaning any future law will have to pass strict scrutiny requirements. This combined with changed public opinion on the matter definitively settles the matter.
Is now a good time to again state the obvious in that Roberts' was writing for the minority?
Jesus will have to make a personal appearance if this bit of religiously motivated prohibition is to be resurrected and I have my doubts he would show much interest.
