
“Politics is downstream from culture,” Andrew Breitbart often said. This was why I spent Thursday writing 4,000 words — “Let’s Bring Back Guilt and Shame” — in preparation for the Supreme Court ruling on same-sex marriage which, as anyone who had been paying attention could have predicted, was a 5-4 decision with Justice Kennedy as the decisive vote. What we may discern from reading Justice Kennedy’s ruling is the same thing we discern from reading vulgar expressions of “gay pride” on Tumblr blogs. In both instances, we are confronted by irrational sentiment that not only refuses to recognize the potential for harmful social consequences, but which further insists that opponents are motivated by ignorance and prejudice. The Obergefell decision is not so much a legal argument as it is an accusation of bigotry against American society, an indictment of a nation that imposed a “demeaning” stigma on homosexuals. The decision declares that “marriage is a keystone of the Nation’s social order” (p. 4) before proceeding to declare that this social order must be destroyed because . . . well, why exactly?
There is no difference between same- and opposite-sex couples with respect to this principle . . .
(What principle? Never mind. Justice Kennedy’s on a roll now.)
. . . yet same-sex couples are denied the constellation of benefits that the States have linked to marriage . . .
(You see that, in Justice Kennedy’s enlightened mind, the “benefits” of marriage are supplied by government, rather than being intrinsic to the nature of marriage.)
. . . and are consigned to an instability many opposite-sex couples would find intolerable. . . .
(How dare you “consign” them to “instability,” you haters!)
It is demeaning to lock same-sex couples out of a central institution of the Nation’s society . . .
(They’re locked out of the institution — by haters!)
. . . for they too may aspire to the transcendent purposes of marriage.
(My wife has “transcendent purposes” for me to take out the garbage.)
The limitation of marriage to opposite-sex couples may long have seemed natural and just, but its inconsistency with the central meaning of the fundamental right to marry is now manifest.
What can anyone say in reply to such a lecture, except to wonder how or why this alleged “inconsistency . . . is now manifest” in a way it was not manifest at the time the Fourteenth Amendment was drafted and ratified by legislators who never so much as hinted any intention to alter the definition of marriage? Quite obviously, what is at the heart of this specious reasoning is a determination that gay people must be granted access, via marriage, to that “constellation of benefits” of which Justice Kennedy spoke. That is to say, insofar as the Welfare State doles out taxpayer dollars to straight people because of marriage, gay people must also be cut in for their share of the government-provided loot, and who cares what the larger consequences may be? We may expect, for example, that this will hasten the bankruptcy of Social Security as gay “widows” qualify for survivors benefits, but it is clear that Justice Kennedy would never pay heed to any such practical concern.
“The opinion is couched in a style that is as pretentious as its content is egotistic. . . . The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie.”
— Justice Antonin Scalia, dissenting
Equality with a capital E and Progress with a capital P are the inspirational touchstones of Obergefell. The past is a museum full of obsolete prejudices, where ideas that “may long have seemed natural and just” are dismissed as inferior to the ideas of our Enlightened Arbiters of Social Justice, these robed judicial eminences who are authorized to lecture us about the central meaning of fundamental rights. We can read the Constitution the same as they can, but only they are endowed with the extraordinary insight necessary to find “manifest” there a “principle” which had hitherto escaped our feeble perception.
The quasi-religious devotion to Equality and Progress that animates Obergefell moved Justice Kennedy to a mood of poetic rapture that reaches its ecstatic climax in his conclusion:
No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. In forming a marital union, two people become something greater than once they were. As some of the petitioners in these cases demonstrate, marriage embodies a love that may endure even past death. It would misunderstand these men and women to say they disrespect the idea of marriage. Their plea is that they do respect it, respect it so deeply that they seek to find its fulfillment for themselves. Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right.
One imagines the pages being stained and stuck together after Justice Kennedy finished writing that paragraph. Then he smoked a cigarette, got dressed in a hurry, put a $100 bill on the night stand and left quietly, while the Constitution cried herself to sleep.
About 20 years ago, when liberals began their push for gay marriage, it struck me as an absurd idea. I’m sure most other Americans felt the same way about it, and the social conservatives who took it seriously at the time seemed like hysterical alarmists. Certainly if anyone had told me, circa 1995, that we would reach this point so quickly, I would not have believed them, for I simply could not imagine that we would ever reach this point at all. Trusting in the basic common sense of the American people, I underestimated the persuasive power of the media and the entertainment industry, which have been playing the role of cheerleaders at the LGBT pep rally for so long. Also, I underestimated the extent to which the liberal gospel of Progress and Equality had taken root in the minds of people who, wishing to avoid serious thought about politics and social order, were content to go along with the crowd.
Conscientious people did not want to make themselves unpopular by resisting too loudly this lemming-herd stampede toward the cliff. If you do not wish gay people to be “condemned to live in loneliness” — note well Justice Kennedy’s accusatory implication that opponents are engaged in wanton cruelty — then you must Do Exactly What They Say and Give Them Exactly What They Demand. Thus we arrived at a 21st-century cultural Munich, where marriage was the Sudetenland.
Do you suspect that this will not be the totalitarians’ Final Demand? Well, you’re just a hateful homophobe, aren’t you?
What next? Ace of Spades ponders this briefly:
Now come the knock-on cases, where they ban federal funding of religious schools that don’t recognize gay marriage.
This is obvious enough, and there are many more equally obvious ramifications of Obergefell. The angry LGBT mob, full of destructive rage, will seize the whip they’ve been handed by the Supreme Court and employ it to inflict their sadistic revenge on America.
Be afraid. Be very afraid.